Patna High Court
Godhan Mahto @ Godhan Kumar @ MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court held that anticipatory bail could not be granted to the petitioner.
Summary
The petitioner, Godhan Mahto, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for possession of 20 litres of illicit liquor. He applied for anticipatory bail, claiming innocence and that the liquor was recovered from another accused’s bag, not from his possession. The State opposed bail, highlighting the petitioner’s two pending cases under the Excise Act and his criminal antecedents. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, noting the seriousness of the offence and the petitioner’s prior cases. However, the Court directed that if the petitioner surrenders within four weeks, the Special Judge Excise should decide his bail application on the merits on the same day.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s prior criminal antecedents and the nature of the offence justify denial of anticipatory bail.
Legislation cited
Subjects
- anticipatory bail
- excise law
- illicit liquor
- criminal antecedent
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30153 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- MEHANDIGANJ District- Patna
======================================================
Godhan Mahto @ Godhan Kumar @ Mahto Son of Late Om Mahto Resident
Of Village- Ranipur Nimtal, Ps -Mehandiganj, Dist -Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh, Adv.
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Mehandiganj P.S. Case No. 82 of 2026 lodged on
24.03.2026, for the offence punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022,
pending in the Court of Special Judge Excise, Patna City.
3. As per the prosecution, FIR has been lodged against
two named accused persons including the present petitioner.
Total recovery of 20 litres of illicit liquor has been made, which
is the subject matter of the present case.
Patna High Court CR. MISC. No.30153 of 2026(2) dt.07-05-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner and the said recovery has been made
from the bag of another accused person. Counsel submits that
the petitioner was not apprehended from the place of occurrence
and his name has figured in this case only by virtue of the secret
information. Counsel further submits that the criminal
antecedent of the petitioner is not clean as there are two cases
pending against him and in both the cases, he is on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the petitioner has two
criminal antecedents and both the cases are registered under
Excise Act and this aspect must be taken into consideration.
6. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioner. Accordingly,
the prayer for anticipatory bail of the petitioner stands rejected.
7. However, if petitioner surrenders before the
concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on his
surrender-cum-bail application on the same day, without being
prejudice that the anticipatory bail of the petitioner has been
Patna High Court CR. MISC. No.30153 of 2026(2) dt.07-05-2026
3/3
rejected by this Court and the Trial Court shall pass order on the
merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.