Patna High Court
Suryanarayan MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Anticipatory bail is granted to the petitioner subject to bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Suryanarayan Mahto, sought anticipatory bail after a seizure of 11.88 litres of illicit foreign liquor from a Maruti Suzuki Swift registered in his name. The prosecution alleged the liquor was recovered under Section 30(a) of the Bihar Prohibition Excise Act, implicating the petitioner as the vehicle owner. The petitioner contended he was not present at the scene, the vehicle was misused by a co-accused without his knowledge, and no incriminating article was found in his possession, emphasizing his clean antecedent. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the facts, the petitioner’s clean record, and the nature of the allegation, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence under the Bihar Prohibition Excise Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition Excise Act
- vehicle ownership
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21544 of 2026
Arising Out of PS. Case No.-296 Year-2025 Thana- DALSINGHSARAI District- Samastipur
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Suryanarayan Mahto S/o Ram Bahadur Mahto R/o Village / Mohalla -
Bhikhamchak, Ward no. 2, Naipur, P.S - Mansurchak, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Kumar Paswan, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-05-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Dalsingh Sarai P.S. Case No. 296 of 2025 instituted under
Section 30(a) of Bihar Prohibition Excise Act.
3. As per the prosecution case, there is recovery of
11.88 liters illicit foreign liquor from A Maruti Suzuki Swift car
of which petitioner is the registered owner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case being the registered owner of the seized vehicle which was
taken by the co-accused, namely, Bhupesh Paswan @ Sanjay
Paswan in a good faith. He further submits that co-accused has
misused the vehicle of the petitioner without his knowledge and
consent. Learned counsel submits that the petitioner was not
present at the spot on the alleged date of occurrence and he has
Patna High Court CR. MISC. No.21544 of 2026(3) dt.11-05-2026
2/2
no concern with the alleged seized liquor. He further submits
that no incriminating article has been recovered from the
conscious possession of petitioner. Learned counsel submits that
petitioner has got clean antecedent and he undertakes to
cooperate in the investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation leveled against the petitioner as well as her
clean antecedent, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioner be
released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount to
each to the satisfaction of the learned Court of Exclusive Special
(Excise) 1st Samastipur/ concerned Court in connection with
Dalsingh Sarai P.S. Case No.296 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/- Koustav/-
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