Patna High Court
Barun Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, finding no sufficient basis to deny bail.
Summary
Barun Kumar Mahto, the registered owner of a motorcycle, applied for anticipatory bail after the police recovered 8.5 litres of foreign liquor from two persons riding his bike in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner argued that he was falsely implicated, had no criminal antecedent, and that the liquor was not found in his conscious possession; the bike had merely been borrowed by the co‑accused. The court noted the absence of any material linking the petitioner directly to the contraband and his clean record. Considering these factors, the judge granted anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that if arrested within four weeks, the petitioner be released on bail.
Issues considered
- Whether anticipatory bail can be granted when the accused is only the registered owner of a vehicle used in the alleged offence.
- Whether the lack of conscious possession of the contraband and the petitioner’s clean criminal record justify the grant of anticipatory bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the court to impose bail conditions in such circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- motor vehicle ownership
- liquor smuggling
- criminal antecedent
- Section 482(2) Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18526 of 2026
Arising Out of PS. Case No.-329 Year-2024 Thana- KORHA District- Katihar
======================================================
Barun Kumar Mahto S/o Ram Narayan Mahto R/o Bishanpur, PS- Rautara,
Distt- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 08-04-2026 Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Korha Police Station Case No. 329 of 2024,
disclosing offences under Section 30(a) of Bihar Prohibition
and Excise Act, 2022.
3. The prosecution case, in brief, is that on
02.12.2024, informant on secret information, apprehended
two persons on a black Splendor motorcycle bearing
Registration No. BR11AP9515 (petitioner’s motorcycle),
carrying liquor, and on search total 8.5 litres of foreign liquor
was recovered from them.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.18526 of 2026(2) dt.08-04-2026
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case due to ulterior motive. The named accused, Ajeet Kumar
Mahto and Ajay Kumar, were apprehended by the police on a
motorcycle bearing Registration No. BR11AP9515, which
belongs to the petitioner and was taken by them for urgent
work. The name of the petitioner has come only on the basis
of registered owner of the motorcycle. Nothing has been
recovered from conscious physical possession of the
petitioner. Petitioner is having no criminal antecedent.
5. Regards being had to the submissions made on
behalf of the parties and taking into consideration the fact that
petitioner is having no criminal antecedent and the liquor has
not been recovered from the conscious possession of the
petitioner and the motorcycle of the petitioner was borrowed
by co-accused, I am inclined to grant the petitioner privilege
of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Court-II, Katihar, in connection with Korha Police Station
Patna High Court CR. MISC. No.18526 of 2026(2) dt.08-04-2026
3/3
Case No. 329 of 2024, subject to the condition laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita.
(Anil Kumar Sinha, J)
Siwani/-
U T
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