Patna High Court

Sudhir MahtoversusThe State of Bihar

Decided: 25 March 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The court granted anticipatory bail to the petitioner.

Summary

Sudhir Mahto applied for anticipatory bail after the police, based on a co‑accused’s confession, linked him to the seizure of 765 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The prosecution argued that the petitioner was involved, while his counsel contended that no liquor was found in his constructive possession and the only link was the co‑accused’s statement. The court noted the absence of any seizure from the petitioner’s premises or possession. Considering these facts, the court was inclined to grant anticipatory bail. The petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties and to surrender within four weeks if arrested, subject to conditions under Section 482(2) of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail can be granted when the petitioner’s involvement is alleged solely on the basis of a co‑accused’s confession and no liquor has been recovered from his possession.

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
illicit liquor
constructive possession
Section 30(a) Bihar Prohibition and Excise Amendment Act
Section 482(2) B.N.S.S. 2023
Bihar criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17665 of 2026
                     Arising Out of PS. Case No.-851 Year-2025 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Sudhir Mahto S/o Rajendra Mahto R/o Village - Lakshmipur, Ward no. 09,
                 P.S and District - Sitamarhi
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Devendra Kumar
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   25-03-2026                       Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Sitamarhi P.S. Case No.851 of 2025, F.I.R

                   dated 30.12.2025 registered for the offences punishable under

                   Sections 30(a) of the Bihar Prohibition and Excise

                   Amendment Act, 2018.

                                3. As per the prosecution case, on the basis of secret

                   information, the police apprehended one Rubi Devi and

                   recovered 765 litres of illicit liquor from a Scorpio vehicle.

                   The apprehended person disclosed the name of the petitioner

                   and others.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and is in no way connected with the

                   seized liquor. It is further submitted that the recovery was
Patna High Court CR. MISC. No.17665 of 2026(2) dt.25-03-2026
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          made from a Scorpio vehicle and co-accused, Ruby Devi has

          already been apprehended by the police with seized articles.

          The name of the petitioner has surfaced only on the basis of

          the confessional statement of an apprehended co-accused.

          There has been no recovery of liquor from the conscious/

          constructive possession of the petitioner. Lastly, it is submitted

          that the petitioner has two criminal antecedents, in which he is

          on bail.

                       5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Regard being had to the submission made by the

          parties, taking into consideration the fact that illicit liquor has

          not been recovered from the constructive possession and / or

          premises belonging to the petitioner, accordingly, this Court is

          inclined to grant anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, be released on

          anticipatory bail in the event of arrest or surrender before the

          court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand)

          with two sureties of the like amount each to the satisfaction of

          learned Special Judge-Exclusive Excise Court-2, Sitamarhi, in

          connection with Sitamarhi P.S. Case No.851 of 2025 subject
               Patna High Court CR. MISC. No.17665 of 2026(2) dt.25-03-2026
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                         to the condition as laid down under Section 482(2) of the

                         B.N.S.S., 2023.



                                                                   (Ajit Kumar, J)
shikha/-

U          T

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