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Patna High Court

Ghuran Mahto @ Guran Kumar MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court directed that the district court verify the motorcycle’s ownership and, if the petitioner is not the owner, release him on pre‑arrest bail.

Summary

The petitioner applied for pre‑arrest bail in a case where 54 litres of illicit liquor were seized from a motorcycle lacking a number plate. The FIR alleged offences under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he was not the owner of the motorcycle and that the co‑accused’s confessional statements should not be treated as evidence. The State opposed the bail. The High Court held that the district court must verify the motorcycle’s ownership using registration, chassis and engine numbers, and if the petitioner is not the owner, he should be released on pre‑arrest bail, subject to conditions. Consequently, the bail application was disposed of, directing the district court to proceed accordingly.

Issues considered

  • Whether pre‑arrest bail can be granted in the present case
  • Whether a confessional statement of a co‑accused is admissible for establishing guilt
  • Whether verification of vehicle ownership is required before granting bail

Legislation cited

Subjects

  • pre‑arrest bail
  • illicit liquor
  • vehicle ownership verification
  • confessional statement
  • Bihar Prohibition and Excise Act
  • Bihar Narcotic Substances Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21277 of 2026
                    Arising Out of PS. Case No.-167 Year-2025 Thana- KHUTAUNA District- Madhubani

                 ======================================================
                 Ghuran Mahto @ Guran Kumar Mahto Son of Nanulal Mahto @ Nanu Lal
                 Mahto R/o Village - Ekamma (Basaniya), P.S.- Laukaha, District - Madhubani


                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pramod Kumar Yadav, Advocate
                 For the Opposite Party/s :      Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

                                                  ORAL ORDER

2   16-04-2026                      Heard Mr. Pramod Kumar Yadav, learned counsel

                   appearing on behalf of the petitioner and Mr. Parmanand Prasad,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Khutauna P.S. Case No. 167 of 2025 registered for the

                   offence(s) punishable under Sections 274, 275, 3(5) of the BNS

                   and Section 30(a) of the Bihar Prohibition and Excise Act.

                                 3. As per the allegation made in the FIR, 54 litres of

                   illicit liquor was recovered from a motorcycle, without a

                   number plate, bearing Chassis No.MD6348389P2B15279,

                   Engine No.AE8BP2215279.
Patna High Court CR. MISC. No.21277 of 2026(2) dt.16-04-2026
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                        4.    Learned counsel appearing on behalf of the

          petitioner submitted that petitioner is innocent and has falsely

          been implicated in the present case. Learned counsel further

          submitted that name of the petitioner has surfaced in this case

          on the basis of confessional statement of co-accused/ Jaykant

          Mahto and confessional statement made before police has no

          evidentiary value. Petitioner is not the owner of the said

          motorcycle.

                        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 it has been claimed that the petitioner is

          not the owner of the said motorcycle, I find that the learned

          District Court under such circumstances is required to

          verify the owner of the motorcycle in question on the basis

          of registration number, chassis number and engine number

          and if it is found that the motorcycle is not registered in the

          name of the petitioner and the same is not the stolen

          motorcycle, then in that case, the petitioner, above named, is

          directed to be released on pre-arrest bail, on such terms and

          conditions, as the learned District Court deems it fit and
           Patna High Court CR. MISC. No.21277 of 2026(2) dt.16-04-2026
                                                       3/3




                     proper.

                                    7. The bail application stands disposed of.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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