Patna High Court
Arjun MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.