Patna High Court

Mahendra SawversusThe State of Bihar

Decided: 22 April 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The Court granted anticipatory bail to the petitioner with specified bond and surety conditions.

Summary

Mahendra Saw sought anticipatory bail fearing arrest under Section 111(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act in connection with the recovery of 750 litres of illicit country‑made liquor, a motorcycle and a mobile phone. The prosecution alleged that Saw, along with co‑accused, was involved in the sale and purchase of illicit liquor, relying mainly on the disclosure statement of co‑accused Suraj Kumar. The petitioner contended that he was falsely implicated, no incriminating material was found in his possession, and he has a clean antecedent. The State opposed the bail. Considering the lack of direct evidence against the petitioner, his clean record, and the nature of the allegations, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Whether the disclosure statement of a co‑accused suffices as material to deny bail
Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 111(2), 482(2)

Subjects

anticipatory bail
illicit liquor
Section 111
Section 30
Section 482
Bihar Prohibition and Excise Act
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26227 of 2026
                     Arising Out of PS. Case No.-120 Year-2026 Thana- KAUWAKOL District- Nawada
                 ======================================================
                 Mahendra Saw S/o Jagarnath Saw, Resident of Village - Rupau, P.S. - Rupau,
                 District - Nawada.
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar.                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sheo Nandan Prasad, Advocate.
                 For the Opposite Party/s :      Mr. Ram Anurag Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

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

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in connection

                   with Kawakol P.S. Case No.120 of 2026 instituted under Section

                   111(2) of the B.N.S., 2023 and under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per the prosecution case, there is recovery of 750

                   liters country made liquor and 1 black color motorcycle

                   alongwith one mobile from the jungle near Daniya Villaged. It is

                   alleged that petitioner with the help of other co-accused persons

                   are involved in the sale and purchase of illicit liquor.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has been falsely implicated in this case

                   only on the basis of disclosure statement made by the co-accused

                   Suraj Kumar @ Gorelal with ulterior motive. He further submits

                   that except the disclosure statement of the co-accused, there is no
              Patna High Court CR. MISC. No.26227 of 2026(2) dt.22-04-2026
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                        material against the petitioner. Learned counsel submits that no

                        incriminating article has been recovered from the conscious

                        possession of petitioner and he has no concern either with the

                        alleged seized liquor or with the seized motorcycle. 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 leveled against the petitioner as well as his clean

                        antecedent, 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 bonds of Rs.10,000/- (Rupees Ten

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

                        satisfaction of the learned Exclusive Special Excise Court-2,

                        Nawada/ concerned Court in connection with Kawakol P.S. Case

                        No.120 of 2026, subject to the conditions laid down in Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T
Patna High Court CR. MISC. No.26227 of 2026(2) dt.22-04-2026
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