Patna High Court
Suresh Mahato @ Suresh SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Suresh Mahato, was implicated in a case (PS No.27/2026) for alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act after 13.14 litres of illicit liquor were seized from a co‑accused’s premises. No incriminating material was found on the petitioner’s person, and he applied for anticipatory bail, claiming he was only a suspect. The State opposed the bail, highlighting that the petitioner has seven prior convictions, two of which relate to similar offences. The court examined the petitioner’s lack of direct evidence against him versus his criminal history. Considering the seriousness of the offence and the petitioner’s antecedents, the court refused the anticipatory bail application.
Issues considered
- What is the appropriate exercise of discretion by the court in granting or refusing anticipatory bail when the accused has no material in possession but has prior convictions, including similar offences?
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26819 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- BARAULI District- Gopalganj
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Suresh Mahato @ Suresh Sah S/O Kishundeo Mahto Resident of Village-
Bakharaur Yaddi, P.S.- Barauli, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adesh Raj Singh, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Barauli P. S. Case
No. 27 of 2026 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 13.14 liters illicit liquor
was recovered from the room of co-accused Ranjit Yadav.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from the conscious
possession of the petitioner. He has been made accused in this
case only on suspicion.
5. Learned A.P.P. for the State opposes the prayer for
bail and submits that the petitioner has got seven criminal
antecedents out of which two are of similar nature.
6. Considering the criminal antecedents of similar
Patna High Court CR. MISC. No.26819 of 2026(2) dt.29-04-2026
2/2
nature, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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