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Patna High Court

Nawal Mahto @ Nawal Kishore MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail was granted conditionally, subject to bond and surety requirements under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioner, Nawal Mahto, was implicated in a case where 30 litres of country‑made liquor were recovered behind his hutment, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He filed an application for anticipatory bail fearing arrest. He asserted that he was not present at the spot, had no incriminating material in his possession, and possessed a clean antecedent, offering to cooperate with the investigation. The State opposed the bail. The court, after weighing the facts and submissions, ordered that if the petitioner is arrested or surrenders within six weeks, he shall be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S.S., 2023, thereby granting anticipatory bail conditionally.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S., 2023 in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the material on record justifies denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24014 of 2026
                  Arising Out of PS. Case No.-13 Year-2026 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Nawal Mahto @ Nawal Kishore Mahto S/o Late Rama Mahto resident of
                 Village- Dhekahan, Langada Chowk, P.S.- Piprakothi, District- East
                 Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Karandeep Kumar, Advocate.
                 For the Opposite Party/s :       Mr. Parmanand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection with

                   Piprakothi P.S. Case No.13 of 2026 registered under Section

                   30(a) of Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 30 liters of country

                   made liquor was recovered behind the hutment of the petitioner.

                   It is alleged that petitioner managed to flee away from the spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. He further submits that petitioner has no concern either

                   with the alleged seized liquor or with the place from where the

                   recovery has been made. Learned counsel submits that
              Patna High Court CR. MISC. No.24014 of 2026(2) dt.17-04-2026
                                                          2/2




                        petitioner was not present on the spot and no incriminating

                        material has been recovered from his conscious possession. He

                        further 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 against the petitioner, 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

                        bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties

                        of the like amount each to the satisfaction of the Exclusive

                        Special Judge, Excise Court No.1, East Champaran at Motihari/

                        concerned Court in connection with Piprakothi P.S. Case No.13

                        of 2026, subject to the conditions as laid down under Section

                        482(2) of the B.N.S.S., 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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