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Patna High Court

Bishnu Prakash MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to pre‑arrest bail subject to the conditions imposed by the Court.

Summary

The petitioner, Bishnu Prakash Mahto, was implicated in a case where 16.38 litres of Nepali foreign liquor was recovered from a motorcycle he owned, which had been lent to a co‑accused. He alleged that he had no knowledge of the liquor or any involvement in its trade and possessed a clean criminal record. The petitioner sought pre‑arrest bail under Sections 274 and 275 of the Bihar Non‑Original Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, while the State opposed the bail. The Court observed that the seizure was made from the co‑accused who had taken the motorcycle and that the petitioner’s claim of non‑knowledge and clean antecedent warranted relief. Accordingly, the Court granted pre‑arrest bail subject to a Rs.10,000 bond with two sureties and directed the District Court to verify the petitioner’s criminal antecedent. The bail application was disposed of, with the order to stand revoked if any adverse antecedent is discovered.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail under Section 438(2) Cr.P.C. and Section 482(2) of the Bihar Non‑Original Substances Act given the circumstances of the case.

Legislation cited

Subjects

  • pre‑arrest bail
  • false implication
  • liquor seizure
  • motor vehicle
  • clean antecedent
  • Section 438 Cr.P.C.
  • Section 274 BNS
  • Section 275 BNS
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29426 of 2026
                     Arising Out of PS. Case No.-53 Year-2025 Thana- BASOPATTI District- Madhubani
                 ======================================================
                 Bishnu Prakash Mahto S/o Ramsevak Mahto R/O 10, Chhotaipatti, P.S -
                 Darbhanga, District - Darbhanga.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar @ Ashok Karn, Advocate.
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-05-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Basopatti P.S. Case No. 53 of 2025 registered for the

                   offence punishable under Sections 274 and 275 of the BNS and

                   Section 30(a) of the Bihar Prohibition and Excise Act, as

                   amended uptodate.

                                3. Allegation is of recovery of 16.38 litres of Nepali

                   foreign liquor from a motorcycle bearing Registration No.

                   BR07U6325.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner has been falsely

                   implicated in the case. He has no concern either with the seized

                   liquor or trade of liquor in any manner. The petitioner is the
Patna High Court CR. MISC. No.29426 of 2026(2) dt.06-05-2026
                                            2/3




          owner of the motorcycle, but he had given his motorcycle to co-

          accused for some urgent work and he had no knowledge of

          misuse of the motorcycle by him. The petitioner has clean

          antecedent.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioner.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the F.I.R. and the fact that recovery is from the co-accused who

          had taken the motorcycle of the petitioner, the petitioner, above

          named, is directed to be released on pre-arrest bail, in the event

          of his arrest or surrender before the Court below within a period

          of four weeks from today, on furnishing bail bond of Rs.

          10,000/- (Ten thousand) with two sureties of the like amount

          each to the satisfaction of learned District Court where the case

          is pending in connection with Basopatti P.S. Case No. 53 of

          2025, subject to the condition as laid down under Section 438(2)

          of the Cr.P.C / Section 482 (2) BNSS.

                       7. The District Court is directed to verify the criminal

          antecedent of the petitioner and if it is found that the petitioner

          is involved in some other cases as what has been stated in Para-

          3 of the bail petition, this order will automatically lose its force.
           Patna High Court CR. MISC. No.29426 of 2026(2) dt.06-05-2026
                                                       3/3




                                  8. The bail application stands disposed of.



                                                             (Purnendu Singh, J)
mantreshwar/-

U      T


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