Patna High Court
Nagendra MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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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