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Patna High Court

Bharat MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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