Patna High Court
Ranjit MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that anticipatory bail should be granted, subject to a bail bond and conditions, as ownership of the vehicle alone does not constitute sufficient ground for arrest.
Summary
The petitioner, Ranjit Mahto, was implicated in a case concerning the seizure of 261 litres of illicit liquor from three motorcycles. He was not named in the FIR; his name appeared only because he owned one of the seized motorcycles. He applied for anticipatory bail, asserting innocence and a clean antecedent, while the State opposed the relief. The Court examined whether ownership of the vehicle alone sufficed to justify arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and considered the bail provisions of the Bihar Narcotic Substances (Special) Act, 2023. It granted anticipatory bail subject to a Rs 30,000 bond and conditions under Sections 2(1)(d) and 482(2) of the B.N.S.S., 2023, directing the trial court to verify any concealed criminal antecedent.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being the owner of a vehicle from which illicit liquor was seized
- Whether the provisions of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and the Bihar Narcotic Substances (Special) Act, 2023 justify denial of bail
Legislation cited
- Bihar Narcotic Substances (Special) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30161 of 2026
Arising Out of PS. Case No.-103 Year-2026 Thana- BENIPATTI District- Madhubani
======================================================
Ranjit Mahto S/o Sitaram Mahto R/o Vill. - Kamtaul, P.S. -Kamtaul, Distt. -
Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Adv.
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Benipatti P.S. Case No. 103 of 2026 lodged on 17.03.2026,
for the offence punishable under section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, FIR has been lodged against
the drivers and owners of three unknown vehicles from which,
total recovery of 261 litres of illicit liquor has been made, which
is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
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submits that nothing has been recovered from the conscious
possession of the petitioner and the alleged recovery has been
made from three motorcycles. Counsel further submits that the
petitioner is not named in the FIR and his name has come in this
case only due to the reason that he is the owner of one of the
seized motorcycles. Counsel further submits that the petitioner
has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive
Special Judge, Excise, Madhubani, in connection with Benipatti
P.S. Case No. 103 of 2026, subject to the conditions as laid
down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
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bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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