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Patna High Court

Nagendra MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Anticipatory bail is granted to the petitioners subject to the conditions specified under Section 482(2) of the B.N.S.S. Act.

Summary

The petitioners, Nagendra Mahto and Awadhesh Nut, filed an anticipatory bail application fearing arrest in a case (Panapur P.S. Case No. 76 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act, where 285 litres of illicit liquor were recovered near the Gandak river. The prosecution alleged that the liquor was recovered from an open place and that the petitioners were implicated based on secret information and a co‑accused’s confessional statement, despite the petitioners claiming innocence and no possession of the liquor. The State opposed the bail, arguing the seriousness of the offence. The Court, after hearing both sides, decided to grant anticipatory bail, directing the petitioners to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties each, subject to the conditions of Section 482(2) of the B.N.S.S. Act. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether anticipatory bail can be granted under Section 482(2) of the B.N.S.S. Act in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the reliance on secret information and a co‑accused’s confession suffices to deny bail.
  • Whether the conditions imposed (surrender within four weeks and bail bond of Rs. 10,000 with sureties) are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Section 482(2)
  • B.N.S.S.
  • co‑accused confession
  • secret information
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30365 of 2026
                        Arising Out of PS. Case No.-76 Year-2026 Thana- PANAPUR District- Saran
                 ======================================================
           1.     Nagendra Mahto S/O Indradev Mahto R/O village- Chakiya, P.S.- Panapur,
                  District- Saran
           2.    Awadhesh Nut S/O Shankar Nut R/O village - Chintamanpur, P.S. - Panapur,
                 District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-06-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed by the petitioners apprehending their arrest in

                   connection with Panapur P.S. Case No. 76 of 2026 instituted

                   for the offence under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution is that near the bank of

                   Gandak river, altogether 285 liters of country made liquor was

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioners has submitted that petitioners are innocent and have
Patna High Court CR. MISC. No.30365 of 2026(2) dt.23-06-2026
                                            2/3




          committed no offence. They have falsely been implicated in

          this case. Learned counsel for the petitioners has further

          submitted that nothing has been recovered from their

          possession rather the recovery has been made from open place.

          The name of the petitioners has surfaced on the basis of secret

          information and on the basis of confessional statement of co-

          accused who has stated that the petitioners are also involved in

          the said profession. A statement has been made in para-3 of

          this petition that the petitioners have got one criminal

          antecedent each.

                       5. In contra, learned APP appearing for the State has

          opposed the prayer of bail of the petitioners.

                       6. Having heard learned counsel for the parties and

          in the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioners on bail. The

          petitioners are directed to surrender in the Court below within

          a period of four weeks from today and in the event of their

          arrest or surrender in connection with Panapur P.S. Case No.

          76 of 2026, they will be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rupees ten thousand) each with two

          sureties of the like amount each to the satisfaction of learned

          2nd Exclusive Special Excise Judge, Saran at Chapra subject to
            Patna High Court CR. MISC. No.30365 of 2026(2) dt.23-06-2026
                                                        3/3




                      the conditions as laid down under section 482(2) of B.N.S.S.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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