Patna High Court
Lalji MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery of illicit liquor did not prima facie establish the petitioner's conscious possession.
Summary
The petitioner, Lalji 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 30 litres of liquor recovered from a sack at a vacant public place. The petitioner contended that the seizure was not made from his conscious possession, that he was not present at the site, and that the allegation was based solely on local informants without independent witnesses. The Additional Public Prosecutor opposed the petition for anticipatory bail, citing the petitioner’s involvement in two other criminal cases. The Court examined the factual matrix and noted the lack of direct evidence linking the petitioner to the seized liquor. Consequently, the Court ordered that the petitioner be released on anticipatory bail upon surrendering within four weeks, subject to a bail bond and sureties, invoking Sections 438(2) of the CrPC and 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being named in the FIR for alleged illegal liquor trade.
- Whether the recovery of illicit liquor constitutes sufficient grounds to deny bail in the absence of proof of the petitioner's conscious possession.
Legislation cited
- Bihar Negotiable Instruments and Security Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43466 of 2026
Arising Out of PS. Case No.-99 Year-2026 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Lalji Mahto Son of Madan Mahto Resident of village - Das Tola, Kumari
Devi Chowk, P.S.- Motihari Nagar, District - East Champaran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Manoj Kumar, Advocate
For the Opposite Party : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 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 Motihari Town
P.S. Case No.99 of 2026 registered under Section 30(a) of
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 30 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the recovery of alleged illicit
liquor was made from a sack at vacant land near Das Tola
Patna High Court CR. MISC. No.43466 of 2026(2) dt.03-07-2026
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which is an open place accessible to general public. It is also
submitted that name of petitioner arrayed solely on the
disclosure made by the local people. It is further argued that
petitioner is neither connected with the seized liquor in any
manner nor the petitioner was present on the spot where
alleged liquor was seized. It is further said that recovery of
illicit liquor was not made from conscious possession of this
petitioner. It is also submitted that the seizure list also
appears doubtful being not supported by independent
witnesses rather than by police personnel. Explaining
criminal antecedent, it is submitted that the petitioner found
involved in two more criminal cases, where 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 note of the 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
Patna High Court CR. MISC. No.43466 of 2026(2) dt.03-07-2026
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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 Judge-I,
East Champaran, Motihari, in connection with Motihari Town
P.S. Case No.99 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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