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Patna High Court

RAMSIKIL MAHTOversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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