Patna High Court
Arun Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond and sureties, with conditions under Sections 438(2) Cr.P.C. and 482(2) BNSS, 2023.
Summary
The petitioner, Arun Kumar Mahto, was named in a FIR for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging that 60 litres of illicit liquor were recovered from his motorcycle. He contended that he is the registered owner, that the seizure was not made before an independent witness, that nothing was actually recovered, and that his registration had lapsed, rendering the case false. The State opposed his request for anticipatory bail, relying on the FIR allegations. The Court, after considering the facts and the petitioner’s clean record, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs release on bail if arrested within four weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations under the Bihar Prohibition and Excise Act, 2018.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are appropriate.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- prohibition act
- excise
- seizure of liquor
- motor vehicle registration
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26315 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Arun Kumar Mahto S/O Baliram Mahto R/O Village- Harnath Kundi at
Masarh, P.S- Udawant Nagar, Dist.- Bhojpur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Radhe Shyam Kumar, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition and Excise Act, 2018.
3. The allegation in the First Information Report is
that 60 litres of country made liquor was recovered from a
motorcycle bearing Registration No.BR03H4421.
4. Learned counsel for the petitioner submits that the
name of the petitioner has transpired as he is the registered
owner of the said motorcycle. It is further submitted that the
recovery was not made before the independent witness and as a
matter of fact, nothing was recovered from his motorcycle and
since his registration period had failed, as such, this false case
Patna High Court CR. MISC. No.26315 of 2026(2) dt.01-05-2026
2/2
was registered against him. The petitioner has no criminal
antecedent.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Udwant Nagar P.S. Case No. 44 of
2026, subject to the condition as laid down under Section 438
(2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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