Patna High Court

Sachchita Nand Mahato @ Suchit Prasad @ Sachida Nand MahtoversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

Anticipatory bail was granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Sachchita Nand Mahato, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, where 13.2 litres of illicit country-made liquor was recovered from the mango orchard of Ram Abgya Mahato. The petitioner asserted that the liquor was not found in his possession or premises and that he has no criminal antecedent, claiming he was falsely implicated due to personal enmity. The court examined the facts, noting that the seizure occurred on the orchard of another individual and that the petitioner had no prior record. Considering these circumstances, the court was inclined to grant anticipatory bail. Accordingly, the petitioner was ordered to be released on anticipatory bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Whether the petitioner can be held liable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
illicit liquor
Section 30(a)
Bihar Prohibition and Excise Amendment Act
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7954 of 2026
                     Arising Out of PS. Case No.-52 Year-2025 Thana- ARA MUFFSIL District- Bhojpur
                 ======================================================
                 Sachchita Nand Mahato @ Suchit Prasad @ Sachida Nand Mahto Son of
                 Ram Badan Mahto Resident of Village - Barauli, P.S.- Ara Muffasil, District -
                 Bhojpur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Manoj Kumar Singh
                 For the Opposite Party/s :       Mrs.Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026         1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Ara Muffasil P.S. Case No. 52 /                  2025      dated 26.02.2025

                   registered under Section 30(a) of the Bihar Prohibition and

                   Excise Amendment Act, 2022.

                       3. As per the first information report a total quantity of 13.2

                   liters of country made liquor has been recovered from a sack

                   kept in the garden of one Ram Abgya Mahato.

                       4. Learned counsel for the petitioner submits that petitioner is

                   innocent and has falsely been implicated in this case inasmuch

                   as he has not committed any offence in the manner alleged. The

                   Mahal Chowkidar disclosed the name of the petitioner with

                   whom the petitioner is having inimical terms. The alleged
             Patna High Court CR. MISC. No.7954 of 2026(2) dt.17-02-2026
                                                         2/2




                       recovery of country made liquor has been made from the mango

                       orchard of Ram Abgya Mahato and not from the conscious

                       possession and / or premises belonging to the petitioner. The

                       petitioner has no criminal antecedent.

                           5. Regard being had to the submission made by the parties,

                       taking into consideration the fact that recovery of illicit country

                       made liquor has been made from the mango orchard of one

                       Ram Abgya Mahato and the petitioner has no criminal

                       antecedent, accordingly , I am inclined to grant anticipatory bail

                       to the petitioner.

                           6. Let the petitioner, above named, be released on

                       anticipatory bail in the event of arrest or surrender before the

                       court below within a period of four weeks from today on

                       furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       Exclusive Special Excise Court -1st, Bhojpur at Ara in

                       connection with Ara Muffasil P.S. Case No. 52 of 2025 subject

                       to the condition as laid down under Section 482 (2) of the

                       B.N.S.S. 2023.



                                                (Anil Kumar Sinha, J)
praful/-
U        T

Continue reading with your account

Checking your session…