Created by Fuzzy Cloud

Patna High Court

Mintu Mahto @ Mintu Kumar MahatoversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
Patna High Court CR. MISC. No.7813 of 2026(2) dt.18-02-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.7813 of 2026(2) dt.18-02-2026
                                                        3/3




                      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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.