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Patna High Court

Deepak MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as the petitioner has no criminal antecedent, no conscious possession of the seized liquor, and the precedent allows such relief despite section 76(2).

Summary

The petitioner, Deepak Mahto, was implicated in a case (PS‑537/2025) for alleged possession of 351 litres of country‑made liquor seized from a four‑wheeler he owned, leading to an FIR under sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, arguing he had no criminal antecedent, was not present at the seizure, and had no conscious possession of the liquor. The State opposed, contending ownership alone sufficed for liability. Relying on the precedent of Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in section 76(2) of the Excise Act when no offence is made out, the court granted anticipatory bail with stringent conditions. The order remains conditional on the petitioner’s lack of criminal antecedent and compliance with the bail conditions.

Issues considered

  • Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under section 76(2)?
  • Does mere ownership of a vehicle from which liquor is seized constitute an offence absent conscious possession?
  • Does the petitioner’s clean criminal record justify the grant of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • prohibition act
  • vehicle ownership
  • criminal antecedent
  • bail conditions
  • section 76(2) bar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8397 of 2026
                    Arising Out of PS. Case No.-537 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Deepak Mahto Son of Jagadish Mahto Resident of Village - Ranti, Ps-
                 Rajnagar, Dist- madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Archna Aanand, Adv.
                 For the Opposite Party/s :      Mr. Jitendra Kumar Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   17-02-2026                    Heard the parties.

                                2. The petitioner is apprehending his arrest in

                   connection with Rajnagar P.S. Case No. 537 of 2025 for the

                   offence under sections 274, 275, 3(5) of the BNS and Section

                   30(a) of the Bihar Prohibition and Excise Act lodged on

                   26.12.2025 by the informant, Sunil Kumar Tripathi.

                                3. As per the prosecution story, two four wheelers

                   were intercepted, petitioner being the owner of the second

                   vehicle. There is recovery/seizure of 351 liter country made

                   liquor. This led to the FIR.

                                4. Learned counsel for the petitioner submits that he

                   do not have criminal antecedent and only because being the

                   owner, implicated. He was not present at the spot.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.8397 of 2026(2) dt.17-02-2026
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          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019 (2) PLJR 1089 wherein it has been held that an

          application for anticipatory bail in a case arising out of Bihar

          Excise and Prohibition Act can be maintained, despite the bar

          under Section 76(2) of the Act, if on the basis of allegation

          made in the FIR, no offence under the said provision is made

          out.

                       6. Learned APP, Mr. Jitendra Kumar Singh opposes

          the prayer submitting that he is the owner of the vehicle.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that the petitioner do not have criminal antecedent, nothing

          has been recovered from his conscious possession, in that

          background, this Court is inclined to extend him the privilege of

          anticipatory bail with conditions.

                       8. If, however, it is found that contrary to the

          statement made in paragraph 3 of the petition, the petitioner has

          criminal antecedent, the present order shall become infructuous.

                       9. Let the petitioner be released on bail in the event of

          arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.8397 of 2026(2) dt.17-02-2026
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          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned Exclusive Special Judge Excise Act,

          Madhubani in connection with Rajnagar P.S. Case No. 537 of

          2025 subject to the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner(s) shall be appearing before the

          Police Station as and when required for co-operating in the

          investigation;

                       (iii) the petitioner shall appear on each and every date

          before the Trial Court and failure to do so for two consecutive

          dates without plausible reason will entail cancellation of his

          bail bond by the Trial Court itself;

                       (iv) the petitioner shall appear before the concerned

          police station every fortnight for six months to mark his

          attendance and after the end of the period, the certificate shall be

          submitted before the Trial Court failing which steps shall be

          taken for the cancellation of the bail bonds;

                       (v) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for
           Patna High Court CR. MISC. No.8397 of 2026(2) dt.17-02-2026
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                     cancellation of the bail bonds;

                                  (vi) the petitioner shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of his bail bonds.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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