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Patna High Court

Suresh Mahto @ Suresh MahatoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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/-

U       T


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