Patna High Court
Budhan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
The anticipatory bail application was rejected as the petitioner’s claim of no conscious possession was not substantiated and the delay was unreasonable.
Summary
The petitioner, Budhan Mahto, sought anticipatory bail fearing arrest in a 2020 case under section 30(a) of the Bihar Prohibition and Excise Act after police seized a motorcycle he owned along with 10 litres of country‑made liquor. He argued that the liquor was not in his conscious possession and that ownership of the vehicle alone should not implicate him. The State contended that the seizure of the motorcycle with the liquor established his involvement and noted the six‑year delay in filing the bail application. The Court examined the factual matrix and the legal standards for granting anticipatory bail, concluding that the petitioner’s claim of lack of possession was unsubstantiated and the delay was unreasonable. Consequently, the Court rejected the anticipatory bail application, dismissing the petition.
Issues considered
- Whether anticipatory bail can be granted when the accused claims lack of conscious possession of seized contraband
- Whether the six‑year delay in filing the anticipatory bail application defeats the relief
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- possession
- seizure
- Bihar Prohibition and Excise Act
- delay in filing
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35465 of 2026
Arising Out of PS. Case No.-932 Year-2020 Thana- MADHAURAH District- Saran
======================================================
Budhan Mahto Son of Late Mahesh Mahto Resident of Village - Bhikhampur,
P.S.- Khaira, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 21-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Marhowrah P.S. Case No. 932 of 2020 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act, lodged on 28.11.2020.
3. As per the prosecution story, the police during
patrolling duty, intercepted a Motorcycle and there is
recovery/seizure of 10 liters of country-made liquor. This led to
the FIR.
4. Learned counsel for the petitioner submits that
nothing has been recovered from his conscious possession but
only because he owns the motorcycle, got implicated.
5. Learned APP opposes the prayer submitting that
even after the knowledge of the case, inasmuch as the
Patna High Court CR. MISC. No.35465 of 2026(2) dt.21-05-2026
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motorcycle of the petitioner was seized with the liquor, this
happened in the year 2020, he has moved before this Court six
years later.
6. Considering the submissions of the learned APP for
the State, no relief can be extended to the petitioner.
7. Accordingly, the anticipatory bail application stands
rejected.
(Rajiv Roy, J)
Adnan/-
U T
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