Patna High Court
Bishnu Prakash MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Non‑Original Substances Act — s. 274, 275, 482
- Bihar Prohibition and Excise Act — s. 30
- Criminal Procedure Code — s. 438
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
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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
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8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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