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Patna High Court

Mantun Jha @ Mantu JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner as the recovery of illicit liquor was not shown to be from his physical possession.

Summary

The petitioner, Mantun Jha, was implicated in a case of illegal liquor trade under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, based on a seizure of 24.75 litres of liquor and two motorcycles, although his name does not appear in the FIR. Counsel argued that the liquor was not recovered from the petitioner’s possession and that the seizure list lacked independent corroboration, with the petitioner’s name surfacing only from a Mahal Chaukidar’s disclosure. The Additional Public Prosecutor opposed anticipatory bail. The court examined the prima facie lack of physical possession by the petitioner and, considering the circumstances, 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 BNSS. The order was made by Justice Chandra Shekhar Jha.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner who is not named in the FIR and for whom no direct possession of the seized liquor is established.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bihar Prohibition Act
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42919 of 2026
                   Arising Out of PS. Case No.-49 Year-2026 Thana- NOWKOTHI GARHPURA District-
                                                        Begusarai
                 ======================================================
                 Mantun Jha @ Mantu Jha, S/o Late Gopal Jha @ Gopal Jha, R/o Village -
                 Pahsara, Ward No.- 11 ,P.S - Nawkothi (Naokothi), Dist- Begusarai.

                                                                                ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :     Mrs. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   02-07-2026                          Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is not named in the FIR

                   and apprehending his arrest in connection with Naokothi P.S.

                   Case No.49 of 2026 registered under Section 30(a) of the

                   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 24.75 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the alleged recovery was made from two
Patna High Court CR. MISC. No.42919 of 2026(2) dt.02-07-2026
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          Motorcycles bearing Registration No. BR34V3-3610 and

          Engine No. DKXCSG46207. It is further submitted that

          nothing has been recovered 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 the Mahal Chaukidar. The petitioner has

          two 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 Judge-I,
            Patna High Court CR. MISC. No.42919 of 2026(2) dt.02-07-2026
                                                        3/3




                      Beguasarai in connection with Naokothi P.S. Case No.49 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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