Patna High Court
Jageshwar Mahato @ Tegar Mahato @ Tengar MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner was not in conscious physical possession of the illicit liquor and therefore granted bail subject to bond and conditions.
Summary
The petitioner, Jageshwar Mahato, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, with 60 litres of liquor recovered from an e‑rickshaw. The petitioner argued that the liquor was not in his conscious physical possession and that the recovery was linked to a co‑accused, Devanand Prasad. The prosecution opposed bail, citing the petitioner’s prior criminal antecedents and three other cases where he is on bail. The court examined whether the recovery constituted possession sufficient for denial of bail and considered the provisions of Section 482(2) of the BNSS. Concluding that the liquor was not consciously possessed by the petitioner, the court directed his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2).
Issues considered
- Whether the recovery of illicit liquor from an e‑rickshaw amounts to conscious physical possession of the petitioner for the purpose of denying bail
- Whether bail can be granted under Section 482(2) of the BNSS despite the petitioner’s prior criminal antecedents
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- BNSS — s. 482(2)
Subjects
- bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- Section 482(2)
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39293 of 2026
Arising Out of PS. Case No.-234 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
Jageshwar Mahato @ Tegar Mahato @ Tengar Mahato S/o Dhrup Mahato R/o
vill-Ward No 4, Nevaji Tola, Dharmsala, Dahiyawan, P.S- Town, Dist- Saran,
Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Abhigyan, Adv.
For the Opposite Party/s : Mr. Anil Kr. Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Town P.S. Case No.
234 of 2026 registered for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 60 litres of IMFL/country made liquor
4. It is submitted by learned counsel appearing on
behalf of the petitioner that alleged recovery of illicit liquor was
made from e-rickshaw which is a public transport and as such
it can be said safely that recovery of alleged illicit liquor was
not made from conscious physical possession of the petitioner
and moreover, the name of this petitioner transpired on the
Patna High Court CR. MISC. No.39293 of 2026(2) dt.18-06-2026
2/2
basis of disclosure of the apprehended co-accused person
namely, Devanand Prasad. Explaining criminal antecedent, it is
submitted that petitioner found involved in three more criminal
cases where he is on bail.
5 Learned APP, opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of alleged illicit liquor prima-
facie not appears to be made from the conscious physical
possession of the petitioner, accordingly petitioner above-
named, in the event of his arrest or surrender before the court
below within a period of four weeks, is directed to be released
on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned ASJ cum Exclusive Spl. Court Excise
Act I, Saran at Chapra /concerned Court, where the case is
pending in connection with Town P.S. Case No. 234 of 2026,
subject to the conditions as laid down under Section 482(2) of
BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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