Patna High Court
Ganaur Mahto @ Umesh Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted as no offence under the Act has been made out against the petitioners, notwithstanding the bar in Section 76(2).
Summary
The petitioners, Ganaur Mahto and Mukesh Kumar Mahto, feared arrest in a case (Sakri P.S. Case No. 34 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 114 litres of illicit liquor from a two‑wheeler. They applied for anticipatory bail, arguing that no offence had been made out against them and relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which allowed anticipatory bail despite the bar in Section 76(2) of the Act. The State opposed, citing the petitioners’ criminal antecedents and ownership of the vehicle. The Court, after considering the precedent and the lack of direct recovery from the petitioners, granted anticipatory bail subject to stringent conditions, including surety, regular appearances, and non‑interference with witnesses. The order directed the bail bond to be filed with the Exclusive Special Judge, Excise Court, Madhubani.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Whether the petitioners can be said to have committed an offence under Section 30(a) given the facts.
- Whether the precedent set in Ram Vinay Yadav v. State of Bihar is applicable.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 76(2)
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25468 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- SAKRI District- Madhubani
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1. Ganaur Mahto @ Umesh Kumar Mahto S/O Vajan Mahto Resident of
Village- Sakri Purani Bazar Ward No. 21, P.S- Sakri, District- Madhubani
2. Mukesh Kumar Mahto S/O Bindeshwar Mahto Resident of Village- Sakri
Purani Bazar Ward No. 21, P.S- Sakri, 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 : Mrs. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 22-04-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Sakri P.S. Case No. 34 of 2026 for the offence
under section 30(a) of the Bihar Prohibition and Excise Act
lodged on 15.02.2026 by the informant, Birendra Kumar Yadav.
3. As per the prosecution story, the Police on secret
information, intercepted a two wheeler and from it, there is
recovery of 114 liters of illicit liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that
petitioner no. 2 is the owner of the motorcycle which was
parked and the two friends were strolling but allegation has been
made against them by the Police only because the petitioner no.
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1 has criminal antecedent. The last submission is that without
accepting the allegation and/or the outcome of the present case,
the petitioners intend to contribute Rs. 5,000/- each (totalling
Rs. 10,000/-) to the District Legal Services Authority,
Madhubani for beautification/putting up flower pots in the Civil
Court Campus of Madhubani Judgeship through Demand Draft
issued by the local branch of the State Bank of India.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that
petitioner no. 1 has criminal antecedent and petitioner no. 2 is
the owner of the vehicle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from their conscious
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possession, FIR lodged and they shall be facing the music, in
that background, this Court is inclined to extend them the
privilege of anticipatory bail with conditions.
8. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Exclusive Special Judge, Excise Court,
Madhubani in connection with Sakri P.S. Case No. 34 of 2026
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
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attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
9. A copy of the order be sent to the Principal District
and Sessions Judge, Madhubani for his/her perusal and needful.
(Rajiv Roy, J)
Adnan/-
U T
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