Patna High Court
Mintu Mahto @ Mintu Kumar MahatoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court held that the absence of direct evidence linking the petitioner to the seized liquor and his non‑presence at the scene warranted granting anticipatory bail under Section 482(2) of the B.N.S.S., despite his name appearing in the FIR.
Summary
The petitioner, Mintu Mahto, sought anticipatory bail after being named in an FIR for alleged possession of 7.8 litres of country‑made liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that the liquor was recovered from a motorcycle and that local witnesses identified the petitioner, who had fled the scene. The petitioner contended he was not the owner of the motorcycle, had no conscious possession of the liquor, was absent at the occurrence, and that the seizure list was not properly made, asserting that the case was fabricated. The State opposed the bail, arguing that the petitioner’s name in the FIR precluded relief. Considering the lack of material directly linking the petitioner to the seized liquor and his non‑presence at the scene, the court granted anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is named in the FIR but lacks direct material linking him to the alleged offence
- Whether the absence of the petitioner at the scene and lack of seizure from his possession justify bail under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the conditions under Section 482(2) of the B.N.S.S. are applicable in this case
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- seizure
- FIR
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7813 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- MAKER District- Saran
======================================================
Mintu Mahto @ Mintu Kumar Mahato Son of Umesh Mahto Resident of
Village- Jagdishpur, Ketuka Lachchhi, P.S.- Maker, District- Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh, Adv.
For the State : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Maker P.S. Case No. 258 of 2025 registered for
the offence punishable under Section 30(a) of Bihar Prohibition
and Excise Act.
3. As per prosecution case, there is alleged recovery
of 7.800 litre country made liquor from motorcycle in question
and Mahal chowkidar as well as local people disclosed the name
of the petitioner, who fled away from the spot.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. He further submits that petitioner bears criminal
antecedent of four cases in which he is on bail. Petitioner has
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been roped in a case one after another in a routine manner
without any basis. Petitioner is not owner of the motorcycle in
question. He further submits that nothing has been recovered
from conscious possession of the petitioner. Petitioner was not
found at the place of occurrence. Petitioner has no concern with
the seized liquor. Seizure list has not been made as per law. He
further submits that the police in connivance with local
chowkidar and village people has falsely implicated the
petitioner in the present case and except disclosure of Mahal
chowkidar and local people, there is nothing on record to
connect the present petitioner with the alleged occurrence. In the
light of the aforesaid facts and circumstances of the case, no
case is made out against the petitioner under the provisions of
Bihar Prohibition and Excise Act.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner and submits that name of
the petitioner finds place in the FIR and hence, petitioner cannot
escape from the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
argument advanced on behalf of both sides and also taking into
consideration the material available on record, the petitioner
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above-named, in the event of his arrest or surrender before the
learned trial court within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Judge-03, Saran at Chapra in connection with Maker P.S.
Case No. 258 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
U T
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