Patna High Court
Raj Kishore MahtoversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court allowed the withdrawal of petitioner No.1’s anticipatory bail petition and granted bail to petitioner No.2 subject to bond and statutory conditions.
Summary
Petitioner No.1, Raj Kishore Mahto, was arrested while his anticipatory bail petition was pending and sought to withdraw the petition, which the court permitted. Petitioner No.2, Santosh Mahto, was named in an FIR under Sections 274/275 of the B.N.S. (2023) and Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 35 litres seized from an open cattle shed. The defence argued that the liquor was not in the petitioner’s possession, the identification was based solely on a chowkidar’s statement, and the seizure list lacked independent witnesses; the petitioner also had prior criminal cases pending. The Additional Public Prosecutor opposed anticipatory bail for petitioner No.2. The court, finding no prima facie possession, granted bail to petitioner No.2 on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S., and allowed the withdrawal of petitioner No.1’s petition.
Issues considered
- Whether the anticipatory bail petition of petitioner No.1 can be withdrawn after his arrest.
- Whether anticipatory bail should be granted to petitioner No.2 in view of the alleged recovery of illicit liquor and the evidentiary material presented.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S., 2023 — s. 274, 275, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- bail bond
- Section 274 B.N.S.
- Section 275 B.N.S.
- Section 30(a) Bihar Prohibition and Excise Act
- Section 438(2) CrPC
- Section 482(2) B.N.S.
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34608 of 2026
Arising Out of PS. Case No.-67 Year-2026 Thana- SIRISIYA District- West Champaran
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1. Raj Kishore Mahto S/o Mahesh Mahto Residents of Village- Garabhuwa,
Lala Tola, P.S.- Sirisiya, Dist- West Champaran
2. Santosh Mahto S/o Mahesh Mahto Residents of Village- Garabhuwa, Lala
Tola, P.S.- Sirisiya, Dist- West Champaran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Sitesh Kashyap, Advocate
For the Opposite Party : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 06-07-2026 It is submitted by learned counsel for the
petitioners that the petitioner no. 1 has been arrested by
police during pendency of the present anticipatory bail
petition and, therefore, the petition of petitioner no. 1
becomes infructuous and, as such, he be permitted to
withdraw the same.
2. Request allowed.
Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner no.2 is named in the FIR
and apprehending his arrest in connection with Sirisiya P.S.
Patna High Court CR. MISC. No.34608 of 2026(3) dt.06-07-2026
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Case No.67 of 2026 registered under Sections 274/275 of
B.N.S. (in short ‘B.N.S.’, 2023) and 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 35 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner no. 2 that the recovery of alleged illicit liquor
was made from ejbesteos house (cattle shed) which is an
open place accessible to general public. It is also submitted
that name of petitioner no. 2 arrayed solely on the disclosure
made by the local chowkidar. It is also submitted that
recovery of illicit liquor was not made from conscious
possession of this petitioner. It is further pointed out that
the seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel.
Explaining criminal antecedent, it is submitted that the
petitioner no. 2 found involved in two more criminal cases,
where he is on bail.
5. Learned APP opposed the prayer of anticipatory
Patna High Court CR. MISC. No.34608 of 2026(3) dt.06-07-2026
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bail to the petitioner no. 2 .
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
petitioner no.2, namely, Santosh Mahto, accordingly, the
petitioner no. 2, 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
sureties of the like amount each to the satisfaction of the
learned Special Judge (Excise) 1st, Bettiah, West Champaran,
in connection with Sirisiya P.S. Case No.67 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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