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Patna High Court

Pappu MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                 ======================================================
                 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
                                                        2/2




                      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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