Patna High Court
Rajesh Mahto @ Akhilesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
In the absence of any material linking the petitioner to the illicit liquor and given the open nature of the place of recovery, pre‑arrest bail must be granted subject to conditions under Section 482(2) of the BNSS.
Summary
Petitioner Rajesh Mahto was implicated in a case for alleged possession of 16.2 litres of illicit liquor recovered from a mango orchard behind his house, invoking Sections 274 and 275 of the Bihar Non‑Original Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no involvement in the liquor trade, and that the orchard was an open area accessible to anyone. The State opposed the grant of pre‑arrest bail. The High Court observed that the recovery from an open place and the lack of any material linking the petitioner to the liquor, coupled with the State’s failure to implement its liquor policy, warranted bail. Accordingly, the Court directed that the petitioner be released on pre‑arrest bail upon furnishing a bond of Rs 10,000 with two sureties, subject to verification of his criminal antecedents and compliance with Section 482(2) of the BNSS. The bail application was disposed of with the order that the bail condition lapse if any other pending case is discovered.
Issues considered
- Whether pre‑arrest bail can be granted in offences under Sections 274, 275 of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of recovery from an open mango orchard justify granting bail.
- Whether the State’s failure to implement its liquor policy influences the bail decision.
Legislation cited
- Bihar Non‑Original Substances Act — s. 274, 275, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- pre‑arrest bail
- illicit liquor
- Sections 274 BNS
- Section 275 BNS
- Section 30(a) Bihar Prohibition and Excise Act
- open premises
- Section 482(2) BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30274 of 2026
Arising Out of PS. Case No.-171 Year-2026 Thana- LAURIA District- West Champaran
======================================================
Rajesh Mahto @ Akhilesh Mahto, S/o Mahendra Mahto, R/o - Jawahirpur, PS
- Lauriya, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gyan Prakash, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard Mr. Gyan Prakash, learned counsel
appearing on behalf of the petitioner and Mr. Rajesh Kumar,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Lauriya P.S. Case No. 171 of 2026 registered for the
offence punishable under Sections 274, 275 of the BNS and
Section 30 (a) of the Bihar Prohibition and Excise Act as
amended up-to-date.
3. Allegation is of recovery of 16.2 litres of illicit
liquor from a mango orchard situated behind the house of the
petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the present case. Petitioner has no concern with the alleged
Patna High Court CR. MISC. No.30274 of 2026(2) dt.13-05-2026
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seized liquor nor he is involved in trade or consumption of illicit
liquor in any manner. The recovery was made from a mango
orchard situated behind the house of the petitioner, which is an
open place and easily accessible to anyone. On these grounds,
petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that the recovery of 16.2 litres
of illicit liquor was made from a mango orchard situated behind
the house of the petitioner, which is an open place and easily
accessible to any one and also the fact that the State has failed to
implement its liquor policy in its true spirit, the petitioner, above
named, is directed to be released on pre-arrest bail, in the event
of his/her arrest or surrender before the learned District Court
within a period of four weeks from today, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned District
Court where the case is pending, in connection with Lauriya P.S.
Case No. 171 of 2026, subject to the condition as laid down
under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
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the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
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