Patna High Court
Bharat MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted as the petitioner has no possession of the seized liquor, no criminal antecedent, and precedent allows bail despite Section 76(2) where no offence is made out.
Summary
The petitioner, Bharat Mahto, sought anticipatory bail fearing arrest in an excise case (Siwan Sadar P.S. case no. 51/2026) under sections 30(a) and 47 of the Bihar Prohibition and Excise Amendment Act, 2018, after a seizure of 1,300 litres of country‑made liquor. He contended that his cousin had used his motorcycle and that he had no criminal antecedent or possession of the seized liquor. The State opposed, asserting ownership of the vehicle. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) if no offence is made out, the Court granted anticipatory bail with a bond of Rs 10,000 and five conditions concerning sureties, cooperation with investigation, court appearances, non‑tampering with witnesses/evidence, and refraining from further offences. The order directed the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Amendment Act despite the bar under Section 76(2).
- Whether the petitioner, as the vehicle owner but not in possession of the seized liquor, is liable to be arrested.
- Whether the conditions imposed for anticipatory bail are appropriate under the circumstances.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 47, 76(2)
Subjects
- anticipatory bail
- excise law
- prohibition act
- section 76(2)
- bail conditions
- criminal antecedent
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31359 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Bharat Mahto S/o Late Paltu Mahto R/o vill - Chhotka Manjha, P.s.- Mairwa,
Distt.- Siwan
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Kumar Singh, Adv.
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Excise Siwan Sadar P.S. case no. 51/2026 for
the offence under sections sections 30(a), 47 of the Bihar
Prohibition and Excise Amendment Act 2018.
3. As per the prosecution story, the informant alleged
that on secret information, a motorcycle was intercepted and
there is recovery/seizure of 1.300 liters country made liquor.
This led to the FIR.
4. Learned counsel for the petitioner submits that his
cousin, Omprakash Chauhan had taken the vehicle and he being
the owner, got implicated. Further, the petitioner do not have
criminal antecedent.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.31359 of 2026(2) dt.13-05-2026
2/3
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that he
is the owner of the vehicle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession nor he has criminal antecedent, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Special Judge (Excise) Court-02, Siwan
in connection with Excise Siwan Sadar P.S. case no. 51/2026
Patna High Court CR. MISC. No.31359 of 2026(2) dt.13-05-2026
3/3
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the
Police Station as and when required for co-operating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U
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