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Patna High Court

Mohan MahtoversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-
Patna High Court CR. MISC. No.89660 of 2025(3) dt.18-05-2026
                                            3/4




          (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
                                                       4/4




                     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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