Patna High Court
Mantosh Kumar @ Mantosh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Since the seized liquor was not in the petitioner's possession and he has a clean antecedent, the court granted anticipatory bail.
Summary
Mantosh Kumar was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 80 litres seized from a ditch near the Gandak river. The petitioner argued that the liquor was recovered from an open public place and not from his conscious possession, and that the seizure list lacked independent witnesses, relying only on villagers' statements. He also highlighted his clean antecedent. The Additional Public Prosecutor opposed his anticipatory bail. The court observed that the recovery did not appear to be from the petitioner's possession and, considering his clean record, directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS.
Issues considered
- Whether anticipatory bail should be granted when the seized illicit liquor is not found in the petitioner's possession.
- Whether the petitioner can be held liable under Sections 274 and 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 274, 275, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- clean antecedent
- seizure
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41781 of 2026
Arising Out of PS. Case No.-261 Year-2025 Thana- DEWARIA District- Muzaffarpur
======================================================
Mantosh Kumar @ Mantosh Mahto, S/o Lakhindra Mahto @ Lachinder
Mahto, R/o Village - Sohasha(Sohansa), P.S. - Deoria, Dist. - Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mrs. Nitu Kumari, Advocate
For the Opposite Party/s : Mrs. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-06-2026 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 Deoria P.S. Case
No.261 of 2025 registered under Sections 274, 275 of the
Bharatiya Nyaya Sanhita (in short ‘BNS’, 2023) and Section
30(a) of the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 80 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
Patna High Court CR. MISC. No.41781 of 2026(2) dt.29-06-2026
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a ditch near the Gandak river, which is an open place,
accessible to the general public and, therefore, it cannot be
said that the alleged recovery was made from the conscious
possession of the petitioner. It is further submitted that
seizure list also appears doubtful being not supported by
independent witnesses rather than by police personnel. It is
also pointed out that the name of the petitioner surfaced
solely on the basis of the disclosure made by the local
villagers. The petitioner claimed 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 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
Patna High Court CR. MISC. No.41781 of 2026(2) dt.29-06-2026
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learned Exclusive Special Judge, Excise-II, Muzaffarpur in
connection with Deoria P.S. Case No.261 of 2025, subject to
the conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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