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Patna High Court

Harendra MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to anticipatory bail as the recovery of illicit liquor does not prima facie establish his possession.

Summary

Harendra Mahto was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 186.27 litres of liquor recovered from a thatched hut. The petitioner contended that he was not present at the site, had no possession of the liquor, and that the recovery was based solely on local informants without independent witnesses. The Additional Public Prosecutor opposed anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's conscious possession and that he had a clean antecedent. Consequently, the court directed that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner was in possession of the illicit liquor recovered.
  • Whether the evidence presented by the prosecution is sufficient to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • Bihar Prohibition and Excise Act
  • CrPC

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.33338 of 2026
                    Arising Out of PS. Case No.-42 Year-2026 Thana- MOHANPUR District- Samastipur
                 ======================================================
                 Harendra Mahto S/O Kailash Mahto R/o - Hardaspur, P.S - Mohanpur,Dist-
                 Samastipur, Bihar-848101

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr.Piyush Kumar Pandey, Advocate
                 For the Opposite Party :        Mr.Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   29-06-2026                 Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Mohanpur P.S.

                   Case No.42 of 2026 registered under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 186.27 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed solely on

                   the disclosure made by the local people. It is also submitted
Patna High Court CR. MISC. No.33338 of 2026(3) dt.29-06-2026
                                            2/3




          that the recovery of illicit liquor was made from thatched hut

          located in open field which is easily accessibly by general

          public. It is further submitted that the petitioner is neither

          present at the spot nor the petitioner is in any way

          connected with alleged recovered liquor. It is also submitted

          that recovery of illicit liquor was not made from conscious

          possession of this petitioner. It is further argued that no

          independent witness was associated with the search and

          seizure list and the seizure witnesses were police personnel

          themselves. Petitioner claimed clean antecedent.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, who is a man of clean antecedent, accordingly,

          the petitioner, above-named, in the event of his arrest or

          surrender in the court below within a period of four weeks

          from today, is directed to be released on bail on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
               Patna High Court CR. MISC. No.33338 of 2026(3) dt.29-06-2026
                                                           3/3




                         sureties of the like amount each to the satisfaction of

                         learned Special Judge Excise 2nd, Samastipur, in connection

                         with Mohanpur P.S. Case No.42 of 2026, subject to the

                         conditions as laid down under Section 438(2) of the

                         CrPC/under Section 482(2) of the BNSS.


                                                        (Chandra Shekhar Jha, J.)

aniket/-

U          T


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