Mithlesh Kumar @ Bhediya @ Mithlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54537 of 2025 Arising Out of PS. Case No.-76 Year-2025 Thana- FESHAR District- Aurangabad ====================================================== Mithlesh Kumar @ Bhediya @ Mithlesh Yadav S/o Prabhu Yadav R/o vill - Patoi, P.S.- Fesar, Distt.- Aurangabad, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aman Vishal, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Sections 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 68.220 litres of illicit liquor from the motorcycle without number plate. Two persons tried to flee away from the spot but one person, namely, Sonu Kumar caught by the police, who disclosed that another person who fled away was the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case due to confessional statement of co-accused Sonu Kumar. Further submission is that petitioner has no concern with the seized illicit liquor or motorcycle. Nothing has been recovered

Patna High Court CR. MISC. No.54537 of 2025(2) dt.19-08-2025 2/2 from the conscious possession of the petitioner. Except the confessional statement of co-accused, there is nothing alleged against the petitioner. Petitioner has one criminal antecedent of similar nature in which, he is on bail. Petitioner undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise-II, Aurangabad in connection with Fesar P.S. Case No. 76 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

(Sunil Dutta Mishra, J) utkarsh/- U T