Patna High Court
Shiv Dhyan MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagrik Suraksha Sanhita — s. 274, 275, 482(2)
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
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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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