Patna High Court
Sachin Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
In the absence of material showing the petitioner's conscious possession or involvement, anticipatory bail is granted.
Summary
Sachin Kumar Mahto was named in an FIR for alleged illegal manufacture and trade of illicit liquor, based on the seizure of 58 litres of liquor from a bike he owned. The petitioner argued that ownership of the vehicle alone did not establish his conscious possession or participation in the offence and highlighted his clean antecedent. The Additional Public Prosecutor opposed anticipatory bail. The court observed that the seizure did not prima facie link the petitioner to the liquor and, considering his clean record, directed that he be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was to be surrendered within four weeks if arrested. The order reflects the principle that mere ownership of a seized vehicle is insufficient for denial of bail absent material evidence of involvement.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether mere ownership of the vehicle from which illicit liquor was seized establishes the petitioner’s participation in the offence.
Legislation cited
- Bihar Non-Statutory Special (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 41(1)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- prohibition act
- vehicle ownership
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44753 of 2026
Arising Out of PS. Case No.-459 Year-2025 Thana- PATAHI District- East Champaran
======================================================
Sachin Kumar Mahto ,S/o Lal Bihari Mahto, Resident of village- Bakhari,
PS- Patahi, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 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 Patahi P.S. Case
No.459 of 2025 registered under Sections 30(a) and 41(1)
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 58 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
a Bike bearing Registration No. BR05T-1876. It is further
Patna High Court CR. MISC. No.44753 of 2026(2) dt.07-07-2026
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submitted that the petitioner’s name has been surfaced in
the present case solely on the ground that he is the
registered owner of the seized vehicle, and not on the basis
of any material demonstrating his conscious possession,
involvement or complicity in the alleged offence. It is also
pointed out that seizure list appears doubtful being not
supported by independent witnesses rather than by police
personnel. The petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking 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, who is a
man of clean antecedent, 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 No.-03, East
Patna High Court CR. MISC. No.44753 of 2026(2) dt.07-07-2026
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Champaran at Motihari in connection with Patahi P.S. Case
No.459 of 2025, 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/-
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