Patna High Court
Yashwant Kumar Mahto @ Yashwant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, directing release on bail bond and sureties.
Summary
The petitioner, Yashwant Kumar 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 16.760 litres of liquor recovered from a joint family house. The petitioner contended that the liquor was not in his conscious or exclusive possession and that the search violated Section 103(4) of the BNSS because no independent witness was present. He also argued that the case was politically motivated and highlighted his clean antecedent. The Additional Public Prosecutor opposed anticipatory bail. The court, noting the lack of evidence of the petitioner's possession and his clean record, granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, invoking Section 482(2) of the BNSS. The order directed the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted when the seized illicit liquor is not shown to be in the petitioner's conscious possession.
- Whether the search and seizure complied with the requirements of Section 103(4) of the BNSS.
- Whether the petitioner is entitled to bail under Section 482(2) of the BNSS despite the FIR under the Bihar Prohibition and Excise Amendment Act, 2022.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 103(4), 482(2)
Subjects
- illegal liquor
- anticipatory bail
- search and seizure
- possession
- Bihar Prohibition and Excise Act
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44884 of 2026
Arising Out of PS. Case No.-75 Year-2026 Thana- EXCISE ROSERA District- Samastipur
======================================================
Yashwant Kumar Mahto @ Yashwant Kumar, Son of Kusheshwar Mahto,
Resident of Village- Dumariya, Ward No. 7, P.S.- Vibhutipur, District-
Samastipur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mrs. Sweta Suman, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, 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 Rosera Excise
P.S. Case No.75 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 16.760 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 house, which is a joint family property. It is further
Patna High Court CR. MISC. No.44884 of 2026(2) dt.08-07-2026
2/3
submitted that no recovery has been effected from the
conscious and exclusive possession of the petitioner, and
there is no material on record to establish his conscious
possession of the alleged illicit liquor. It is argued that
Section 103(4) of BNSS has not been complied with qua
search of premises, inasmuch as no independent witness was
associated with the search and seizure list and the seizure
witnesses were police personnel themselves. It is also
pointed out that the name of the petitioner surfaced due to
village politics. 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
Patna High Court CR. MISC. No.44884 of 2026(2) dt.08-07-2026
3/3
sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Judge-II, Samastipur in
connection with Rosera Excise P.S. Case No.75 of 2026,
subject to the conditions as laid down under Section 482(2)
of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.