Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65394 of 2025 Arising Out of PS. Case No.-132 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Mithlesh Kumar S/o Manshi Prasad R/o Village- Ramkrishnanagar, P.S.- Ramkrishnanagar, Distt- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Excise Patna (Prohibition) P.S. Case No. 132/2025 registered for the offences punishable under Sections 30(a)/32/56(b) of the Bihar Prohibition of Excise Act.

3. As per prosecution case, there is alleged recovery of 77.76 liters foreign liquor from Ambulance vehicle in question.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. The petitioner is not named in the FIR and his name has been surfaced in this case during course of investigation as the driver of the said Ambulance. Basically, the petitioner was

Patna High Court CR. MISC. No.65394 of 2025(2) dt.24-09-2025 2/3 ill on the alleged date of occurrence. The petitioner is not involved in the business of illicit liquor. The petitioner bears no criminal antecedent. The petitioner was not found at the place of occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the seized liquor. The petitioner is not the owner of the said Ambulance. The petitioner is not in any way connected with the alleged occurrence. Seizure list has not been prepared as per law. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provision of Bihar Prohibition of Excise Act.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge Excise-

Patna High Court CR. MISC. No.65394 of 2025(2) dt.24-09-2025 3/3 3rd, Patna in connection with Excise Patna (Prohibition) P.S. Case No. 132/2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.

7. The application stands allowed.

(Alok Kumar Pandey, J) amitkumar/- U T