Patna High Court
Pappu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
Anticipatory bail was denied as the court was not inclined to grant it in view of the specific allegations against the petitioner.
Summary
The petitioner, Pappu Mahto, sought anticipatory bail after police recovered 45 litres of country-made Mahua liquor and 200 litres of raw material from his fodder house during a raid under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that the seizure was illegal because he was not present, the witnesses were only police, and the mandatory procedures for search and seizure were not followed. The State opposed the bail, maintaining that the recovery was made from the petitioner’s premises and that the allegations were specific. The court examined the adequacy of the seizure and the seriousness of the alleged offence. Finding that the prosecution’s case was sufficient to warrant custody and that procedural lapses were not established, the court denied anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- What is the appropriate exercise of discretion by the court in granting or refusing anticipatory bail under the circumstances of alleged illegal liquor possession?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- search and seizure
- illegal liquor
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29056 of 2026
Arising Out of PS. Case No.-110 Year-2024 Thana- ALOULI District- Khagaria
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Pappu Mahto son of Arbind Mahto Resident of Village- Haripur, P.S.- Alauli,
DIstt- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Alauli P.S. Case No.
110 of 2024 registered for the offences under Section 30(a) of
Bihar Prohibition and Excise Act.
3. As per prosecution case, in a drive against illicit
liquor, raids were conducted at different places, when the house
of the petitioner was searched, recovery of 45 litres of country
made Mahua liquor was made from his fodder house apart from
200 litres of raw material for preparation of illicit liquor. The
petitioner was not present during search and seizure.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.29056 of 2026(2) dt.06-05-2026
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the petitioner is innocent and has falsely been implicated in this
case. No occurrence in the manner as alleged has ever taken
place. Nothing incriminating has been recovered from the
person or possession of the petitioner and recovery was made
from the field but the police has shown the recovery from the
fodder house of the petitioner. At the time of raid, no one was
present in the house and witnesses of the seizure are police
personnel. The mandatory provisions regarding search and
seizure have not been followed. The petitioner is having clean
antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the specific allegation against the
petitioner, I am not inclined to grant him anticipatory bail and
hence, his prayer for anticipatory bail is rejected.
(Arun Kumar Jha, J)
DKS/-
U T
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