Patna High Court
Bipin MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
In the absence of prima facie evidence linking the petitioners to the alleged offence and lacking compliance with Section 103 of the Bharatiya Nyaya Sanhita, the Court granted anticipatory bail subject to conditions.
Summary
The petitioners, Bipin Mahto and Bhola @ Kamaldev Mahto, were implicated in a case concerning the seizure of 405 litres of liquor and charged under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were neither owners nor drivers of the vehicles involved and that no prima facie case existed against them, also noting the absence of compliance with Section 103 of the Bharatiya Nyaya Sanhita. The State opposed the grant of bail. The High Court, after considering the submissions, ordered that the petitioners be released on anticipatory bail, subject to a bond of Rs. 15,000 and two sureties, and conditioned on Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order emphasized that the petitioners could surrender within six weeks and that the bail was granted due to lack of sufficient evidence linking them to the offence. The decision reflects the Court’s discretion to prevent unwarranted arrest when the prosecution’s case is weak.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the circumstances of the case
- Whether the prosecution has complied with the procedural requirement of Section 103 of the Bharatiya Nyaya Sanhita
- Whether the petitioners can be deemed to have any involvement in the alleged liquor seizure
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275, 3(5)
Subjects
- anticipatory bail
- liquor seizure
- false implication
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- high court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69 of 2026
Arising Out of PS. Case No.-268 Year-2025 Thana- HARLAKHI District- Madhubani
======================================================
1. Bipin Mahto S/O Chulahi Mahto Resident of Village- Gangaur, P.S-
Harlakhi, Distt.- Madhubani.
2. Bhola @ Kamaldev Mahto Badri Mahto Resident of Village- Gangaur, P.S-
Harlakhi, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Harlakhi P.S. Case No. 268 of 2025 instituted for the
offences under Sections 274, 275, 3(5) of the Bharatiya Nyaya
Sanhita, 2023 and 30(a) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 405 litres
of liquor was recovered from four cycles.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
Learned counsel further submitted that petitioners are neither
the owner nor the driver of the vehicles in question. The
Patna High Court CR. MISC. No.69 of 2026(2) dt.19-01-2026
2/2
petitioners have got no concern with the alleged recovery of
liquor. Learned counsel therefore, submitted that prima-facie, no
case is made out against the petitioners. The petitioners have no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nyaya Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioners above named, in the event of
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
each with two sureties of the like amount each to the satisfaction
of Court below/concerned Court in connection with Harlakhi
P.S. Case No. 268 of 2025, subject to the conditions as laid
down under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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