Patna High Court
Ramchandra Mahto @ Ramchandra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Ramchandra Mahto, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for alleged illegal manufacture and trade of illicit liquor, with 16.76 litres recovered from his house. He contended that the liquor was seized from a joint‑family property, he was not present at the time, and the seizure was conducted without an independent witness, violating Section 103(4) of the BNSS. The Additional Public Prosecutor opposed anticipatory bail. The Court examined the factual submissions and noted the lack of prima facie evidence of the petitioner's possession and his clean antecedent. Consequently, the Court directed that, upon arrest or surrender within four weeks, the petitioner 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 BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged involvement in illegal liquor trade.
- Whether the seizure of liquor complied with the procedural requirements of Section 103(4) of the BNSS.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 103(4), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- excise law
- joint family property
- procedural lapse
- Section 30
- Section 103(4)
- Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42156 of 2026
Arising Out of PS. Case No.-75 Year-2026 Thana- Excise P.S. District- Samastipur
======================================================
Ramchandra Mahto @ Ramchandra Singh S/o Late Buland Mahto Resident
of Village- Gangoli, Ward No.- 05, P.S.- Vibhutipur, District- Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Ms. Sweta Suman, Advocate
For the Opposite Party : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 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 Rosera Excise
P.S. Case No.75 of 2026 registered under Section 30(a) of
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 16.76 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the alleged recovery of illicit liquor was
made from the house of petitioner. It is also submitted that
Patna High Court CR. MISC. No.42156 of 2026(2) dt.01-07-2026
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the name of petitioner arrayed solely for the reason that
petitioner is the owner of house. It is also submitted that
house of petitioner is a joint family property and also the
petitioner was not present at the spot. It is also submitted
that recovery of illicit liquor was not made from conscious
possession of this petitioner. It is further argued that the
requirement of Section 103(4) of the BNSS has not been
complied with, inasmuch as no independent witness was
associated with the search and seizure list and the seizure
witnesses were police personnel themselves. 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 note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a man of clean antecedent, accordingly,
the petitioner, above-named, 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
Patna High Court CR. MISC. No.42156 of 2026(2) dt.01-07-2026
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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 Judge-2, Samastipur, in
connection with Rosera Excise P.S. Case No.75 of 2026,
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.)
Aniket/-
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