Patna High Court
Awadhkishor MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail as the court found no prima facie case against him.
Summary
Awadhkishor Mahto was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 4 litres of illicit liquor were recovered from a motorcycle registered to him. He claimed he was not present at the time of seizure and had merely lent the motorcycle to a friend in good faith. The petitioner, with a clean criminal record, applied for pre‑arrest bail, arguing lack of knowledge and innocence. The State opposed the bail, but the court, after reviewing the FIR and the petitioner’s antecedents, found no prima facie case against him. Consequently, the court ordered that the petitioner be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS and verification of any other criminal antecedents.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the facts disclosed in the FIR establish a prima facie case against the petitioner.
- Whether the petitioner’s clean antecedent warrants the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- motorcycle ownership
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43721 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- PIPRAKOTHI District- East Champaran
======================================================
Awadhkishor Mahto, aged about 44 years (M), S/O Ram Sevak Mahto
Resident of village- Piprakothi, Dist- East Camparan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-07-2026 Heard Mr. Abhishek Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Ashok Kumar
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Piprakothi P.S. Case No. 25 of 2026 registered for the
offence(s) punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, 4 litres of
illicit liquor was recovered from a motorcycle bearing
Registration No.BR05AB6664.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Admittedly, at the time of
the alleged seizure and recovery of illicit liquor, petitioner was
Patna High Court CR. MISC. No.43721 of 2026(2) dt.08-07-2026
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not present and he has been made accused in this case, being the
owner of the motorcycle in question, which was given by the
petitioner to his friend in good faith and the same was being
driven by him at the time of said incidence and as such the
petitioner had no idea that he was carrying liquor on the said
motorcycle. Petitioner has clean antecedent. On these grounds,
the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that the petitioner has clean
antecedent, I am of the opinion that petitioner has, prima facie,
made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Concerned Court where the case is
pending in connection with Piprakothi P.S. Case No. 25 of
2026, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.43721 of 2026(2) dt.08-07-2026
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482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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