Patna High Court
RAMSIKIL MAHTOversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery was not made from the petitioner's conscious possession and he is a man of clean antecedent.
Summary
Ramsikil Mahto was named in an FIR for alleged involvement in the illegal manufacture and trade of illicit liquor, with 135 litres recovered in connection with Sursand P.S. Case No.134 of 2026 under Section 317(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended that his motorcycle, stolen earlier, was misused by unknown persons to transport the liquor and that he had no conscious possession of the contraband. The Additional Public Prosecutor opposed anticipatory bail. The court noted the lack of evidence of conscious possession and the petitioner's clean antecedent, and directed that he be released on anticipatory bail upon surrendering within four weeks, subject to a bail bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nyaya Sanhita given the alleged recovery of illicit liquor.
- Whether the recovery of illicit liquor can be said to be from the petitioner's conscious physical possession.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 317(5), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- clean antecedent
- possession
- BNSS
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40222 of 2026
Arising Out of PS. Case No.-134 Year-2026 Thana- SURSAND District- Sitamarhi
======================================================
Ramsikil Mahto, S/o Nandlal Mahto, R/o village-Khaiwarea, P.S.- Riga,
Distt.- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Brahmaputa Singh, Advocate
Ms. Poonam Kumari, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Sursand P.S.
Case No.134 of 2026 registered under Section 317 (5) of
the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 135 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that motorcycle of petitioner was stolen long back
Patna High Court CR. MISC. No.40222 of 2026(2) dt.23-06-2026
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for which, he visited to police station on several occasions
but, no FIR was registered. It is submitted that subsequently
that motorcycle was misused by unknown miscreants for
carrying illicit liquor. It is pointed out that admittedly
recovery of illicit liquor was not made from conscious
physical possession of this petitioner, who is a man of clean
antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from conscious physical possession
of this petitioner, accordingly, the petitioner, above-named,
who is a man of clean antecedent, 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 Exclusive Special Excise Court No.-II, Sitamarhi in
connection with Sursand P.S. Case No.134 of 2026, subject
Patna High Court CR. MISC. No.40222 of 2026(2) dt.23-06-2026
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to the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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