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Patna High Court

Ramchandra Mahto @ Ramchandra SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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/-

U      T


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