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Patna High Court

Rajendra MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as no offence under the Excise Act is made out and the petitioner has no antecedent, subject to prescribed conditions.

Summary

Petitioner Rajendra Mahto sought anticipatory bail fearing arrest in a case (Turkauliya PS No. 492 of 2025) under sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 50 litres of country‑made liquor. The prosecution alleged that the police intercepted a vehicle and seized the liquor, but the petitioner claimed no liquor was found in his conscious possession and he has no criminal antecedent. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 (2) PLJR 1089), the petitioner argued that anticipatory bail can be granted despite the bar under Section 76(2) of the Excise Act when no offence is made out. The court, after considering the submissions and the precedent, held that the bail bar does not apply and, given the lack of possession and clean record, granted anticipatory bail with a set of conditions. The order directs that the petitioner be released on bail if arrested or surrendered within four weeks, subject to a bail bond and compliance with specified conditions.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2) when no offence is made out.
  • Whether the petitioner’s lack of conscious possession of the alleged liquor and absence of criminal antecedent justify the grant of anticipatory bail.
  • Whether the Full Bench precedent in Ram Vinay Yadav v. State of Bihar is applicable to the present facts.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic Substances Act
  • Section 76(2) bar
  • no possession
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15960 of 2026
                      Arising Out of PS. Case No.-492 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Rajendra Mahto Son of Late Shree Mahto Resident of Village - Shankar
                 Sariya Kasba Tola, P.S.- Turkauliya, District - East Champaran.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Karandeep Kumar, Advocate
                 For the State           :        Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-03-2026                      Heard the parties.

                                 2. The petitioner is apprehending his arrest in

                   connection with Turkauliya P.S. Case No. 492 of 2025 for the

                   offence under sections 274, 275 and 3(5) of the B.N.S. and

                   section 30(a) of the Bihar Prohibition and Excise Act lodged on

                   10.10.2025 by the informant, Raviranjan Kumar.

                                 3. As per the prosecution story, the informant alleged

                   that    the Police intercepted             the vehicle and there is

                   recovery/seizure of 50 liters country made liquor. This led to the

                   FIR.

                                 4. Learned counsel for the petitioner submits that

                   nothing has been recovered from his conscious possession and
Patna High Court CR. MISC. No.15960 of 2026(2) dt.12-03-2026
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          he do not have criminal antecedent.

                       5. Further, learned counsel for the petitioner relied on

          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP opposes the prayer submitting that his

          name has given by the locals.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that he do not have criminal antecedent, nothing has been

          recovered from his conscious possession, in that background,

          this Court is inclined to extend him the privilege of anticipatory

          bail with conditions.

                       8. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the
Patna High Court CR. MISC. No.15960 of 2026(2) dt.12-03-2026
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          satisfaction of learned Special Judge, Excise Court No.1, East

          Champaran, Motihari in connection with Turkauliya P.S. Case

          No. 492 of 2025 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iv) the petitioner shall appear before the concerned

          police station every fortnight for six months to mark his

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (v) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;
            Patna High Court CR. MISC. No.15960 of 2026(2) dt.12-03-2026
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                                   (vi) the petitioner shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of his bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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