Patna High Court
Suresh Mahto @ Suresh MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that anticipatory bail should be granted as the seizure did not prima facie establish the petitioner's possession of the illicit liquor.
Summary
The petitioner, Suresh 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 (Amendment) Act, 2022, with 13.44 litres of liquor seized from water‑hyacinth near his house. The petitioner argued that the liquor was in a public open area, not in his conscious possession, and that the seizure list lacked independent witnesses, contending that the case arose from village enmity. The State opposed the petition for anticipatory bail. The court examined whether the facts established possession sufficient to deny bail. Finding that the recovery did not prima facie demonstrate possession by the petitioner, the court granted anticipatory bail subject to a bond and sureties, invoking Sections 438(2) of the CrPC and 482(2) of the BNSS.
Issues considered
- Whether the seizure of illicit liquor from a public area establishes the petitioner's possession for the purpose of denying anticipatory bail.
- Whether anticipatory bail should be granted under Section 438(2) of the CrPC in light of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Section 30
- Bihar Prohibition Act
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44878 of 2026
Arising Out of PS. Case No.-72 Year-2026 Thana- Pachpakdi District- East Champaran
======================================================
Suresh Mahto @ Suresh Mahato, S/o Sukan Mahto, Resident of Village -
Heerapatti @ Dhakapachapakri Heerapatti, P.S. - Pachpakri, District - East
Champaran Bihar.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-07-2026 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 Pachpakdi P.S.
Case No.72 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 13.440 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
water-hyacinth near the house of the petitioner. Being an
Patna High Court CR. MISC. No.44878 of 2026(2) dt.08-07-2026
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open place, it is accessible to the general public and,
therefore, it cannot be said that the alleged recovery was
made 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 due to enmity and village politics. The
petitioner has one 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 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 Excise Court
Patna High Court CR. MISC. No.44878 of 2026(2) dt.08-07-2026
3/3
No.-I, East Champaran at Motihari in connection with
Pachpakdi P.S. Case No.72 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/-
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