Patna High Court
Sunil MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The High Court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sunil Mahto, sought anticipatory bail in a case (PS Case No. 125 of 2026) alleging that 12.8 litres of illicit country‑made liquor were recovered from a wheat field belonging to him, in violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was found in an open field, not in his possession, that the procedural requirements of Section 103 of the B.N.S.S. were not complied with, and that local residents may have concealed the liquor to shield themselves, falsely implicating him despite his prior criminal antecedent for which he was on bail. The State, represented by the Additional Public Prosecutor, opposed the anticipatory bail. After hearing both sides, the court held that the petitioner could be granted anticipatory bail, subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the recovery of liquor from an open field satisfies the requirements of Section 103 of the B.N.S.S.
- Whether the petitioner’s prior criminal antecedent justifies denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 103
- Section 482(2)
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34383 of 2026
Arising Out of PS. Case No.-125 Year-2026 Thana- PARSA District- Saran
======================================================
Sunil Mahto Son of Late Hari charan Mahto Resident Of Village- Anyay Ps-
Parsa, Dist- Saran at chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Parsa P.S. Case No. 125 of 2026 dated
13.03.2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the allegation, 12.800 litres of country-made
liquor was recovered from the wheat field of the petitioner.
4. Learned counsel for the petitioner has submitted
that nothing has been recovered from the possession of the
petitioner. It has further been submitted that the alleged recovery
has been made from an open field, accessible to all. It has
further been submitted that procedure under Section 103
B.N.S.S. has not been followed. It has lastly been submitted that
Patna High Court CR. MISC. No.34383 of 2026(2) dt.19-05-2026
2/2
petitioner has got one criminal antecedent but he is on bail in
that case and taking advantage of the antecedent of petitioner,
local people might have concealed the illicit liquor in order to
save themselves and falsely implicate the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the case,
let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Saran at Chapra, in connection with Parsa P.S. Case No. 125 of
2026, subject to conditions as laid down under section 482(2) of
the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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