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Patna High Court

Gawari Shankar Mahto @ Gouri MahatoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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