Patna High Court

Asharfi Mahto @ Ashrphi MahtoversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The Court granted pre‑arrest bail to the petitioner subject to a bond, sureties and verification of antecedents.

Summary

Asharfi Mahto applied for pre‑arrest bail in a case where 20 litres of country‑made liquor were recovered from an open area and he was charged under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was falsely implicated due to personal enmity, had no involvement with the liquor, and possessed a clean antecedent. The State opposed the bail. The Court, noting the open‑place recovery, the petitioner’s claim of false implication and his clean record, granted pre‑arrest bail on the condition of a Rs 10,000 bond with two sureties, subject to Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS Act, and directed the District Court to verify any other criminal antecedents which could nullify the order. The bail application was disposed of with the grant of bail.

Issues considered

Whether pre‑arrest bail can be granted in offences under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the circumstances of recovery from an open place, alleged false implication, and the petitioner’s clean antecedent justify bail.
What conditions under Section 438(2) Cr.P.C. and Section 482(2) BNS Act are applicable to the bail order.

Legislation cited

Bihar Narcotic Substances Act — s. 274, 275, 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

pre‑arrest bail
illegal liquor
Bihar Narcotic Substances Act
Bihar Prohibition and Excise Act
false implication
open place recovery
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25078 of 2026
                 Arising Out of PS. Case No.-46 Year-2026 Thana- TURKAULIYA District- East Champaran
                 ======================================================
                 Asharfi Mahto @ Ashrphi Mahto Son of Thakur Mahto Resident of Village -
                 Semra Belwatiya, P.S. - Turkauliya, Dist. - East Chamapran.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate.
                 For the Opposite Party/s :      Mr. Bishweshwar Ram, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   22-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Turkauliya P.S. Case No. 46 of 2026 registered for the

                   offence punishable under Sections 274 and 275 of the BNS and

                   Section 30(a) of the Bihar Prohibition and Excise Act, as

                   amended uptodate.

                                3. Allegation is of recovery of 20 litres of country

                   made liquor from a bag which is said to be thrown by the

                   petitioner.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has been falsely implicated

                   in the case due to enmity. He has no concern either with the

                   seized liquor or trade of liquor in any manner. The place of

                   recovery is an open place which is accessible to anyone. The

                   petitioner has clean antecedent.
          Patna High Court CR. MISC. No.25078 of 2026(2) dt.22-04-2026
                                                      2/2




                                 5. Learned APP for the State has vehemently opposed

                    the prayer for grant of pre-arrest bail to the petitioner.

                                 6. Having heard the rival submissions made on behalf

                    of the parties, as well as, having perused the allegation made in

                    the F.I.R. and the fact that recovery is from an open place which

                    is accessible to anyone, the petitioner, above named, is directed

                    to be released on pre-arrest bail, in the event of his arrest or

                    surrender before the Court below within a period of four weeks

                    from today, on furnishing bail bond of Rs. 10,000/- (Ten

                    thousand) with two sureties of the like amount each to the

                    satisfaction of learned District Court where the case is pending

                    in connection with Turkauliya P.S. Case No. 46 of 2026, subject

                    to the condition as laid down under Section 438(2) of the

                    Cr.P.C / Section 482 (2) BNSS.

                                 7. The District Court is directed to verify the criminal

                    antecedent of the petitioner and if it is found that the petitioner

                    is involved in some other cases as what has been stated in Para-

                    3 of the bail petition, this order will automatically lose its force.

                                 8. The bail application stands disposed of.


                                                            (Purnendu Singh, J)
mantreshwar/-
U      T

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