Patna High Court
Mohan MahtoversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as no offence under the Act is made out and the petitioner has no criminal antecedent, subject to prescribed conditions.
Summary
Mohan Mahto sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act for alleged seizure of liquor. The prosecution alleged that a raid recovered 80 litres of country-made liquor and 2000 litres of half‑manufactured ‘pass’. The petitioner asserted no criminal antecedent and that the seizure was from an open place. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) when no offence is made out, the court granted anticipatory bail with stringent conditions. The order also stipulated that the bail would become null if the petitioner is found to have a criminal antecedent.
Issues considered
- Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Whether the facts alleged in the FIR constitute an offence under Section 30(a) of the Act.
- Whether the petitioner’s lack of criminal antecedent justifies the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 76(2)
- criminal antecedent
- bail conditions
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89660 of 2025
Arising Out of PS. Case No.-679 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Mohan Mahto S/o Bhola Mahto Resident Of Village- Patedha, P.S.- Khaira,
Dist- Saran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 18-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Madhaurah/Marhowrah P.S. Case No. 679 of
2025 for the offence under section 30(a) of the Bihar Prohibition
and Excise Act lodged on 08.10.2025.
3. As per the prosecution story, the informant alleged
that on secret information, the place was raided and from near
the ‘Chanvar’, there is recovery/seizure of 80 liters country
made liquor beside 2000 liters of half manufactured ‘pass’. This
led to the FIR.
4. Learned counsel for the petitioner submits that he
do not have any criminal antecedent and recovery/seizure is
from an open place.
5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.89660 of 2025(3) dt.18-05-2026
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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 opposes the prayer submitting that the
chowkidar named him.
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 any criminal antecedent and
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, 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/-
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(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Judge, Excise, Court
No. II, Saran at Chapra in connection with
Madhaurah/Marhowrah P.S. Case No. 679 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 shall be appearing before the Police
Station as and when required for cooperating 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,
Patna High Court CR. MISC. No.89660 of 2025(3) dt.18-05-2026
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failing which the State shall be at liberty to take steps for
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)
Adnan/Anjali
U T
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