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Patna High Court

Arjun MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

Arjun Mahto applied for anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of illicit liquor. The prosecution claimed that 160 litres of illicit liquor were seized from two motorcycles and an additional 540 litres were recovered nearby, but no incriminating material was found on the petitioner, who was neither the driver nor the owner of the vehicles. The petitioner’s accusation was based solely on a confessional statement of a local chaukidar, and he has two prior criminal cases, one of a similar nature, for which he is on bail. The State opposed the bail application. The court, considering the lack of direct evidence against the petitioner and the circumstances, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 30(a)
  • Section 482(2)
  • criminal antecedents
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40369 of 2026
                       Arising Out of PS. Case No.-284 Year-2026 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Arjun Mahto S/O Late Manika Mahto @ Mundrika Mahato Resident of
                 village - Newazi Tola, Dharmshala, Adda No. 02, P.S. - Rivilganj, District -
                 Saran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Adarsh Ranjan, Advocate
                 For the Opposite Party/s :        Mr. Vinod Shanker Modi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-06-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 160 litres illicit liquor was

                   recovered from two seized motorcycles and 540 litres illicit

                   liquor was recovered near the aforesaid seized motorcycles.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner is neither driver nor

                   owner of the vehicles in question and he has been made accused

                   merely on the confessional statement of local Chaukidar.

                   Petitioner has got two criminal antecedents out of which one is
              Patna High Court CR. MISC. No.40369 of 2026(2) dt.30-06-2026
                                                          2/2




                        of similar nature and he is on bail in both the cases.

                                     5. Learned A.P.P. for the State opposed the bail

                        application.

                                     6. Considering the aforesaid facts and circumstances

                        of the case, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of learned 2nd Exclusive Special

                        Excise Judge, Saran at Chapra in connection with Rivilganj P. S.

                        Case No. 284 of 2026, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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