Patna High Court
Rohit Kumar Mahto @ Rohit MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied.
Summary
The petitioner, Rohit Kumar Mahto, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 11.400 litres of Nepali Saufi liquor from his general store. The police identified him based on the testimony of a local chaukidar, which the petitioner claims is the sole basis for his involvement. He applied for anticipatory bail, asserting that he had no knowledge of the liquor and was falsely implicated. The Court examined the facts, noting that the recovery was made from the petitioner's premises, and was not persuaded by the claim of innocence. Consequently, the Court refused the anticipatory bail application, but indicated that regular bail could be considered if the petitioner surrenders before the trial court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the recovery of liquor from his premises.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- bail jurisdiction
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7812 of 2026
Arising Out of PS. Case No.-245 Year-2025 Thana- BISFI District- Madhubani
======================================================
Rohit Kumar Mahto @ Rohit Mahto S/o- Harihar Mahto @ Hari Mahto
Village- Bisfi Gola PS- Bisfi District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
Mr. Gagan Deo Yadav, Advocate
Mr. Vinod Kumar, Advocate
For the State : Mr. Manoj Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Bisfi Police Station Case No. 245 of 2025,
disclosing offences under Sections 30(a) of Bihar
Prohibition and Excise Act.
3. The prosecution case, as per the First
Information Report, is that on 22.12.2025, during vehicle
checking, informant got secret information that petitioner
kept country-made liquor in his general store/pan Bhandar,
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situated at Millit Chauk. On such information, police party
proceeded towards the place of occurrence and upon seeing
the police vehicle, one person succeeded in fleeing away.
Local chaukidar disclosed the name of fled away person as
the petitioner. On search, total, 11.400 litres of Nepali Saufi
liquor was recovered from general store/pan Bhandar.
4. Learned Counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. Learned counsel next submits that recovery is made
from the petitioner’s general store/pan Bhandar and
petitioner has no information about the aforesaid liquor. The
name of the petitioner has come only on the basis of
disclosure made by local chaukidar.
5. Regards being had to the submissions made by
the parties and taking into consideration the fact that
recovery is made from the shop of the petitioner, I am not
inclined to grant the petitioner privilege of anticipatory bail.
6. Accordingly, the prayer for anticipatory bail is
rejected.
7. However, if the petitioner surrenders before the
concerned Court and seeks regular bail, the same may be
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considered by the concerned Court on the same day on its
own merit without being prejudiced that anticipatory bail of
the petitioner has been rejected by this Court.
(Anil Kumar Sinha, J)
Siwani/-
U T
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