Mithilesh Kumar @ Chandan Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15561 of 2026

Arising Out of PS. Case No.-334 Year-2022 Thana- SABAUR District- Bhagalpur

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Mithilesh Kumar @ Chandan Kumar S/o Deepak Mandal Resident of - Majarahat, Ward No. 13, P.S - Singheshwar, District - Madhepura

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rupesh Kumar, Advocate For the Opposite Party/s : Mr. Sucheta Yadav, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 16-03-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a), 32(i) (ii) and 41 of the Bihar Excise Act.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 180.360 liters of liquor from a Scorpio vehicle.

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Learned counsel for the petitioner submits that petitioner was not apprehended from the spot as such nothing was recovered from his conscious possession and is not the owner of the seized vehicle he came to be implicated based on confessional statement of apprehended accused in police custody which does not have any evidentiary value, when petitioner admittedly is a person with clean antecedent.

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Learned A.P.P. for the State opposes the prayer for

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Patna High Court CR. MISC. No.15561 of 2026(2) dt.16-03-2026 2/2

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anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, 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 Provisional anticipatory bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Goradih (Sabor) P.S. Case No. 334 of 2022 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of even one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

Mithilesh Kumar @ Chandan Kumar v. The State of Bihar

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Mithilesh Kumar @ Chandan Kumar v. The State of Bihar

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