Patna High Court
Vikash Mahato @ Vikash MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, finding no constructive possession of the illicit liquor.
Summary
Vikash Mahato applied for anticipatory bail in connection with a 2022 case under the Bihar Prohibition and Excise Act, where 25 litres of illicit liquor were recovered near his house. The prosecution alleged his involvement, but the petitioner contended he was not present at the location and the liquor was not in his constructive possession. The State opposed the bail. The court examined the lack of any seizure from the petitioner’s possession and, considering his clean record, decided to grant anticipatory bail. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to surrender within four weeks, subject to conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted when the alleged contraband is not recovered from the petitioner’s constructive possession
- Whether the conditions under Section 482(2) of the B.N.S.S., 2023 justify granting anticipatory bail in this case
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- constructive possession
- Section 482(2) B.N.S.S. 2023
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11409 of 2026
Arising Out of PS. Case No.-8 Year-2022 Thana- MAJHAULIA District- West Champaran
======================================================
Vikash Mahato @ Vikash Mahto Son of Rajeshwar Mahto Resident of vil-
lage- Lalsaraiya Dhangad Toli, PS -Majhauliya District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar
For the Opposite Party/s: Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard learned counsel for the parties.
2. The petitioner is apprehending his arrest in
connection with Majhauliya P.S. Case No.08 of 2022, F.I.R
dated 03.01.2022 registered for the offences punishable under
Sections 30(a) (d) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, a total of 25 liters of
country-made liquor is alleged to have been recovered from
outside the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not present at the place of occurrence and is in no
way connected with the seized liquor. The alleged recovery is
stated to have been made near the house of the petitioner, and
the said place does not belong to the petitioner. No recovery has
been made from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.11409 of 2026(2) dt.17-02-2026
2/2
Lastly, it is submitted that the petitioner has no criminal
antecedents.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession of the
petitioner, accordingly, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Excise Court-II, Bettiah, West
Champaran in connection with Majhauliya P.S. Case No.08 of
2022 subject to the condition as laid down under Section 482(2)
of the B.N.S.S., 2023.
(Ajit Kumar, J)
shikha/-
U T
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