Patna High Court
Gawari Shankar Mahto @ Gouri MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Gawari Shankar Mahto, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 10 litres of illicit liquor were recovered from behind his house. The prosecution alleged that the liquor was illicit but no incriminating material was found in the petitioner's conscious possession. The petitioner argued that the recovery was from an open area accessible to all and that he was implicated merely on suspicion. The State opposed the bail application. The High Court, considering the nature of the accusation and the circumstances of the recovery, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the alleged offence
- Whether the recovery of illicit liquor from an open place without material found on the petitioner justifies denial of bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26825 of 2026
Arising Out of PS. Case No.-435 Year-2025 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Gawari Shankar Mahto @ Gouri Mahato S/O Late Shivgovind Mahto R/O
Village- Bandhwali, P.S- Baikunthpur, Distt.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, 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 a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 10 litres illicit liquor was
recovered from behind the house of this petitioner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on suspicion. Recovery has been made from an open
place, accessible to one and all.
5. Learned A.P.P. for the State opposed the bail
application.
Patna High Court CR. MISC. No.26825 of 2026(2) dt.29-04-2026
2/2
6. Considering the nature of accusation and place of
recovery, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned District & Additional
Sessions Judge-XIII cum Spl. Excise, Court No. I, Gopalganj in
connection with Baikunthpur P. S. Case No. 435 of 2025,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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