Patna High Court
Harendra MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Non-Statutory Substitution (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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
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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/-
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