Patna High Court
Bigan MahtoversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was denied to petitioner No.1 due to a prior similar conviction, but granted to petitioner No.2 subject to bond, sureties and verification of antecedents.
Summary
Petitioners Bigan Mahto and Vikas Mahto applied for pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 324 litres of illicit liquor from the bank of the Bagmati River. The petitioners claimed innocence, asserting that the liquor was recovered from an open public area and that they had no involvement. The court noted that petitioner No.1 had a prior conviction under the Excise Act, whereas petitioner No.2 had a clean record. Consequently, the court denied pre‑arrest bail to petitioner No.1 but granted bail to petitioner No.2 subject to a Rs.10,000 bond, two sureties, and verification of any other criminal antecedents within four weeks. The bail order is conditional under Section 482(2) of the BNSS and will lapse if the verification reveals other cases against petitioner No.2. The bail application was disposed of.
Issues considered
- Whether pre‑arrest bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the alleged offence and the antecedents of the petitioners
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- illicit liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18977 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- SUPPI District- Sitamarhi
======================================================
1. Bigan Mahto Son of Fekan Mahto Resident of Village - Akhta (Part in
Bairgania), Akhta Nuniya Tola, P.S.- Suppi, District - Sitamarhi.
2. Vikas Mahto Son of Birendra Mahato Resident of Village - Akhta (Part in
Bairgania), Akhta Nuniya Tola, P.S.- Suppi, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dwij Raj, Advocate
For the Opposite Party/s : Ms.Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-04-2026 Heard Mr. Dwij Raj, learned counsel appearing on
behalf of the petitioner and Ms.Asha Devi, learned APP for the
State.
2. The petitioners seek pre-arrest bail in connection
with Suppi P.S. Case No. 27 of 2026 registered for the
offence(s) punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, 324 litres of
illicit liquor was recovered from from the bank of river
Bagmati.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and have
Patna High Court CR. MISC. No.18977 of 2026(2) dt.08-04-2026
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falsely been implicated in the present case. Learned counsel
further submitted that recovery of illicit liquor has been made
from the bank of river Bagmati, which is an open space and is
easily accessible by anyone. Petitioners have no concern either
with the place of recovery or with the alleged recovered liquor.
Petitioner no.1 has one criminal antecedent under Excise Act,
whereas, petitioner no.2 has clean antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and also considering the fact that petitioner
no.1 has one criminal antecedent of similar nature, I am not
inclined to grant pre-arrest bail to the petitioner no.1.
So far as petitioner no.2 is concerned, considering
his clean antecedent, the petitioner no.2, above named, is
directed to be released on pre-arrest bail, in the event of his
arrest or surrender before the learned District Court 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 Concerned Court
where the case is pending in connection with Suppi P.S. Case
Patna High Court CR. MISC. No.18977 of 2026(2) dt.08-04-2026
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No. 27 of 2026, subject to the conditions as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner no.2 and if it is found that
the petitioner no.2 is involved in some other cases, as what has
been stated in paragraph no.3 of the bail application, this order
will automatically lose its force with respect to petitioner no.2.
9. The bail application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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