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Patna High Court

Ganesh MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to all five petitioners, subject to surrender within four weeks and furnishing a bail bond with two sureties.

Summary

Five residents of Manirabad, Madhubani applied for anticipatory bail fearing arrest in a case (Patauna PS Case No. 33 of 2026) registered under sections 274, 275 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution alleged that 65.175 litres of liquor was recovered from bushes adjacent to the petitioners' house. The petitioners contended that no liquor was found in their possession or premises and that the first petitioner was falsely implicated because of his past record, while the others had no criminal antecedent. The State opposed the anticipatory bail. After hearing both sides, the Court directed that all five petitioners be released on anticipatory bail, provided they surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties each, to the satisfaction of the Exclusive Special Judge, Excise Court, Madhubani.

Issues considered

  • Whether anticipatory bail is warranted for the petitioners under the provisions of the Bhartiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act, 2016.
  • Whether the alleged recovery of liquor in proximity to the petitioners' house establishes sufficient grounds to deny bail.
  • Whether the prior criminal antecedent of petitioner No.1 justifies refusal of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • bail bond
  • sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24931 of 2026
                       Arising Out of PS. Case No.-33 Year-2026 Thana- Patauna District- Madhubani
                 ======================================================
           1.     Ganesh Mahto S/O Soman Mahto Resident of Village- Manirabad, P.S.
                  Bisfi, District- Madhubani
           2.    Sanjay Mahto @ Sanjay Kumar Mahto Son of Soman Mahto. Resident of
                 Village- Manirabad, P.S. Bisfi, District- Madhubani
           3.    Chhatiya Devi wife of Soman Mahto Resident of Village- Manirabad, P.S.
                 Bisfi, District- Madhubani
           4.    Manisha Devi wife of Ganesh Mahto. Resident of Village- Manirabad, P.S.
                 Bisfi, District- Madhubani
           5.     Meena Devi @ Bisfi Bali wife of Sanjay Mahto Resident of Village-
                  Manirabad, P.S. Bisfi, District- Madhubani
                                                                      ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shailendra Kumar Jha, Advocate
                 For the Opposite Party/s :        Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the parties.

                                2. The petitioners have preferred this application for

                   grant of anticipatory bail apprehending their arrest in connection

                   with Patauna P.S. Case no. 33 of 2026 registered under sections

                   274, 275 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and

                   section 30(a) of the Bihar Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, 65.175 litres of liquor

                   was recovered from the bushes next to the house of the

                   petitioners.

                                4. Learned counsel for the petitioners submits that no
             Patna High Court CR. MISC. No.24931 of 2026(2) dt.22-04-2026
                                                         2/2




                       incriminating article has been recovered from the petitioners’

                       possession or from their premises and they have no concern

                       with the seized articles. It is submitted that the petitioner no.1

                       has been falsely implicated in the case because of his

                       antecedent. The remaining petitioners have no criminal

                       antecedent.

                                    5. The application for anticipatory bail is opposed by

                       learned A.P.P. for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the nature of allegations against the

                       petitioners in the F.I.R., it is directed that all the five petitioners

                       above named, in the event of their arrest or surrender before the

                       learned Court below within a period of four weeks, be released

                       on anticipatory bail in connection with Patauna P.S. Case no. 33

                       of 2026 on each of them furnishing bail bond of Rs.10,000/-

                       (Rupees Ten Thousand) with two sureties of the like amount

                       each to the satisfaction of the learned Exclusive Special Judge,

                       Excise Court, Madhubani.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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