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Patna High Court

Yogendra MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the seizure did not prima facie demonstrate the petitioner's possession and therefore granted bail.

Summary

The petitioner, Yogendra Mahto, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 37 litres of liquor seized from a location behind a third party's house. The petitioner argued that the seized liquor was in an open area accessible to the public and not in his conscious possession, and that the seizure list lacked independent witnesses, relying only on a local watchman's statement. The Additional Public Prosecutor opposed the grant of anticipatory bail. The court examined the factual submissions and noted that the recovery did not prima facie establish possession by the petitioner. Consequently, the court directed that the petitioner be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether the seizure of illicit liquor establishes the petitioner's conscious possession for the purpose of granting bail.
  • Whether anticipatory bail should be granted under the circumstances of the case.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • Bihar Prohibition and Excise Act
  • CrPC
  • BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42824 of 2026
                        Arising Out of PS. Case No.-177 Year-2026 Thana- Gaura P.S. District- Saran
                 ======================================================
                 Yogendra Mahto, S/o Vishwanath Mahto, Resident of Village- Masaha, Shio
                 Mohammadpur, P.S.- Gaura, District- Saran at Chhapra

                                                                                        ... ... Petitioner
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Yashraj Bardhan, Advocate
                 For the Opposite Party/s :         Mrs. Gulnar Begum, 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 Gaura P.S. Case

                   No.177 of 2026 registered under 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 37 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the seized illicit liquor was recovered

                   behind the house of one namely, Kundan Nut. It is
Patna High Court CR. MISC. No.42824 of 2026(2) dt.01-07-2026
                                            2/3




          submitted that being an open place, it is 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

          disclosure made by a local Chaukidar. The petitioner has one

          criminal antecedent, in which, he is on bail.

                       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, 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 learned Exclusive Special Excise, Court-II,
            Patna High Court CR. MISC. No.42824 of 2026(2) dt.01-07-2026
                                                        3/3




                      Saran at Chhapra in connection with Gaura P.S. Case

                      No.177 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.)
    Raushan/-

U       T


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