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Patna High Court

Anil kumar @ Anil @ Anil MahatoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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