Patna High Court
Arvind Kumar Mehta @ Arvind MehtaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail was denied to the petitioner.
Summary
Arvind Kumar Mehta applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 252 litres of Nepali Dilwale Sofi desi liquor seized at Ratanpura. The petitioner claimed the FIR was fabricated and that his name was linked to the crime solely through mobile‑phone data, asserting his innocence. The prosecution opposed the bail, highlighting three prior criminal antecedents – two excise cases and one NDPS case – and argued the seriousness of the offence. The court examined the facts, the nature of the offence, and the petitioner’s criminal record. Concluding that the circumstances did not merit the grant of anticipatory bail, the judge refused the prayer.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the excise offence.
- Whether the petitioner’s prior criminal antecedents and the nature of the seized liquor justify denial of anticipatory bail.
- Whether the mobile‑phone evidence alone is sufficient to sustain the charge and affect bail considerations.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- excise offence
- Bihar Prohibition and Excise Act
- criminal antecedents
- mobile phone evidence
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33757 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- RATANPUR District- Supaul
======================================================
Arvind Kumar Mehta @ Arvind Mehta S/o Devnarayan Mehta R/V
Narpatpatti, P.S. - Ratanpura, Dist. - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-07-2026 Heard Mr. Pramod Mishra, learned counsel for the
petitioner and Mr. Md. Nazir Ansari, learned Additional Public
Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with S.T. Excise no. 1607 of 2026 arising out of
Ratanpura P.S. Case No. 22 of 2026, F.I.R dated 27.02.26
registered for the offences punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Recovery is of 252 liters of Nepali Dilwale Sofi
desi liquor.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R is false and fabricated. He further submits that it
Patna High Court CR. MISC. No.33757 of 2026(2) dt.01-07-2026
2/2
appears from the F.I.R as well as seizure list that altogether 252
liters of Nepali Dilwale Sofi desi liquor has been recovered
from the place of occurrence and name of the petitioner has
been transpired on the basis of mobile phone. No case,
whatsoever, would be made out against the petitioner under the
Bihar Prohibition and Excise Act.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for anticipatory bail of the
petitioner and submits that the petitioner carries three criminal
antecedents other than the present one where two cases are of
excise matter and one case is of NDPS matter and on the basis
of mobile phone he has been implicated in the present case.
6. Considering the aforesaid facts and
circumstances of the case, I am not inclined to grant the
privilege of anticipatory bail to the petitioner in connection with
S.T. Excise no. 1607 of 2026 arising out of Ratanpura P.S. Case
No. 22 of 2026 pending in the court of Exclusive Special Judge
Excise Court- II, Supaul.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Vanisha/-
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