Patna High Court
Anil kumar @ Anil @ Anil MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner subject to a bond and sureties.
Summary
Anil Kumar Mahato was arrested after 58.68 litres of liquor was recovered from his motorcycle in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. He applied for regular bail, contending that no incriminating article was found on his person, he had no prior criminal record, and he had been in custody since 19‑02‑2026. The State opposed the bail. The Court, after hearing both sides, noted the lack of antecedent, the duration of custody, and the allegations in the FIR, and ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to a condition that bail may be cancelled if a criminal antecedent under the Act is later discovered.
Issues considered
- Whether regular bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the facts of the case.
- Whether the absence of a criminal antecedent and the period of custody justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- liquor possession
- criminal antecedent
- section 30(a)
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17650 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- MANJHI District- Saran
======================================================
Anil kumar @ Anil @ Anil Mahato, Son of Shivnath Mahto, Resident of
Village- Tajpur PS- Manjhi District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Manjhi P.S. Case no.81
of 2026, registered under section 30(a) of the Bihar Prohibition
and Excise Act, 2016.
3. As per the prosecution case, 58.68 litres of liquor
was recovered from the motorcycle of the petitioner and the
petitioner was taken into custody.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession nor from his motorcycle and he has been falsely
implicated in the case. He is in custody since 19.2.2026 and has
no criminal antecedent.
5. The application for bail is opposed by learned
Patna High Court CR. MISC. No.17650 of 2026(2) dt.25-03-2026
2/2
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioner in
the F.I.R., the petitioner being in custody since 19.2.2026 and
especially the petitioner not having any criminal antecedent, the
petitioner is directed to be enlarged on bail in connection with
Manjhi P.S. Case no.81 of 2026, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Excise Judge-II, Saran at Chapra on the following condition :-
(I) In case it subsequently transpires that the petitioner
has criminal antecedent under the Bihar Prohibition and Excise
Act, 2016, the prosecution will be at liberty to move this Court
for cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
avinash/-
U T
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