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Patna High Court

Suryanarayan MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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/-

U       T


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