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Patna High Court

Awadhkishor MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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