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Patna High Court

Shiv Dhyan MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Shiv Dhyan Mahto, was implicated in a case involving the seizure of 2,970 litres of illicit liquor from a Mahindra pick‑up van, the driver of which fled the scene. He contended that he merely owned the vehicle, had transferred it to the driver, and had no knowledge of the liquor or involvement in the alleged offences under Sections 274, 275 of the B.N.S. and Sections 30(a), 36, 41 of the Bihar Prohibition & Excise Act. The State opposed his request for anticipatory bail. Considering the petitioner’s clean antecedent, lack of personal possession of the liquor, and his willingness to cooperate, the Court granted anticipatory bail on the condition that he surrender within six weeks and furnish a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita in view of the alleged offences under the B.N.S. and Bihar Prohibition & Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • excise law
  • Section 482
  • Bihar Prohibition & Excise Act
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14941 of 2026
                      Arising Out of PS. Case No.-41 Year-2026 Thana- SURSAND District- Sitamarhi
                 ======================================================
                 Shiv Dhyan Mahto S/o- Lakhi Chand Mahto Resident of village- Madhesara
                 PS- Sonbersa Dsitt- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dwij Raj, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Sursand P.S. Case No. 41 of 2026, instituted under Sections

                   274, 275 of the B.N.S. and Sections 30(a), 36 and 41 of the

                   Bihar Prohibition & Excise Act.

                                3. As per the prosecution case, there is recovery of

                   2970 litres of illicit liquor from the Mahindra Pick-up van.

                   Driver of the vehicle, namely, Ram Jinish Rai, managed to flee

                   away.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case being owner of the said Pick-up van. Nothing has been

                   recovered from possession of the petitioner. It is submitted that
              Patna High Court CR. MISC. No.14941 of 2026(2) dt.12-03-2026
                                                          2/2




                        petitioner had given the said pick-up van to co-accused, namely,

                        Ram Jinis Rai. Petitioner has no concern with the seized liquor.

                        He had no knowledge about the seized liquor. He has no

                        criminal antecedent. Petitioner undertakes to co-operate 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, submission of learned counsel for the parties and clean

                        antecedent of the petitioner, 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 bonds of Rs.

                        10,000/- (ten thousand) with two sureties of the like amount

                        each to the satisfaction of learned Special Judge, Exclusive

                        Special Excise Court-II, Sitamarhi in connection with Sursand

                        P.S. Case No. 41 of 2026, subject to the conditions laid down in

                        Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita

                        (B.N.S.S.), 2023.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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