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Patna High Court

Nawal MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to a bail bond and conditions, with the trial court empowered to verify antecedents and cancel the bail if necessary.

Summary

The petitioner, Nawal Mahto, was implicated in a case (Sangrampur P.S. Case No. 435 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 after 57 litres of illicit liquor were recovered from an E‑Rickshaw allegedly owned by him. The petitioner contended that no liquor was found in his conscious possession, that his inclusion in the case was purely on suspicion, and that he has a clean criminal record. The State opposed the grant of anticipatory bail. The High Court, after considering the lack of direct possession, the petitioner’s clean antecedent, and the statutory provisions, ordered that anticipatory bail be granted subject to a bail bond of Rs 30,000 and conditions under Section 2(1)(d) and Section 482(2) of the B.N.S.S., 2023. The trial court was directed to verify any undisclosed criminal antecedents and cancel the bail if concealment is discovered.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
  • Whether the statutory provisions of the Bihar Prohibition and Excise (Amendment) Act, 2022 and the B.N.S.S., 2023 justify granting bail

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail bond
  • Section 30(a)
  • B.N.S.S. 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22647 of 2026
                     Arising Out of PS. Case No.-435 Year-2025 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
                 Nawal Mahto Son of Late Ram Ayadhya Mahto @ Ramyodhya Mahto @
                 Ramayodhya Mahto Resident of Village - Purvi Madhubani Thakur Tola, P.S.-
                 Sangrampur, District - East Champaran.

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Madhurendra Kumar, Advocate
                 For the Opposite Party/s :      Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   16-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Sangrampur P.S. Case No. 435 of 2025 lodged on

                   08.11.2025, for the offence punishable under section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. As per the prosecution, FIR has been lodged against

                   the present petitioner and owner of E-Rickshaw. Total recovery

                   of 57 litres of illicit liquor has been made, which is the subject

                   matter of the present case.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.22647 of 2026(2) dt.16-04-2026
                                            2/3




          petitioner is innocent and has committed no offence. Counsel

          submits that nothing has been recovered from the conscious

          possession of the petitioner and the alleged recovery has been

          made from an E-Rickshaw. Counsel further submits that the

          name of the petitioner has figured in this case only on the basis

          of suspicion. Counsel further submits that the petitioner has

          clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. In the present facts and circumstances of this case,

          let the above named petitioner be released on anticipatory bail,

          in the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

          2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Special Judge

          Excise Court No.1, East Champaran, Motihari, in connection

          with Sangrampur P.S. Case No. 435 of 2025, subject to the

          conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

                       7. The Trial Court is directed to verify the criminal

          antecedent(s) of the petitioner, and in case, it is found at any

          stage that the petitioner has concealed the fact about his criminal

          antecedent(s), the Trial Court shall take steps for cancellation of
             Patna High Court CR. MISC. No.22647 of 2026(2) dt.16-04-2026
                                                         3/3




                       bail bond of the petitioner. However, the acceptance of the bail

                       bonds in terms of the above-mentioned order shall not be

                       delayed for the purpose of or in the name of verification.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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