Patna High Court
Dilip MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioners, four residents of Newari Tola, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 concerning illicit liquor recovered from a diyara area. The prosecution’s case relied on secret information and statements of nearby persons who allegedly identified the petitioners, but the FIR did not name those informants. The petitioners contended they were not present at the place of recovery, had no possession of the seized liquor or motorcycle, and that the open nature of the area precluded any liability. The State opposed bail, arguing that the petitioners were named accused in the FIR. Weighing the lack of direct evidence linking the petitioners to the contraband, the court granted anticipatory bail subject to surrender within six weeks and a bail bond of Rs 10,000 with two sureties, invoking Section 482(2) of the CrPC. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the CrPC in view of the FIR under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the FIR and the statements of unnamed nearby persons sufficiently establish the petitioners' presence and participation in the alleged offence.
- Whether the open nature of the diyara area and lack of recovery from the petitioners' possession justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- CrPC Section 482
- illicit liquor
- FIR
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9446 of 2026
Arising Out of PS. Case No.-19 Year-2026 Thana- RIVILGANJ District- Saran
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1. Dilip Mahto S/O Lalbabu Mahto R/o Village- Newari Tola, Dharmshala,
Aada No. 2, Police Station- Revilganj, District- Saran
2. Chandan Mahto S/O Satrudhan Mahto R/o Village- Newari Tola,
Dharmshala, Aada No. 2, Police Station- Revilganj, District- Saran
3. Santosh Mahto S/O Shivnath Mahto R/o Village- Newari Tola, Dharmshala,
Aada No. 2, Police Station- Revilganj, District- Saran
4. Baliram Mahto S/O Lalbabu Mahto R/o Village- Newari Tola, Dharmshala,
Aada No. 2, Police Station- Revilganj, District- Saran
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shekhar Harshvardhan, Advocate
For the Opposite Party/s : Mrs. Pronoti Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Revilganj P.S. Case No. 19 of 2026 registered
for the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution case, on secret information the
informant proceeded to Diliya Diyara area and during search a
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motorcycle in question and several polythene bags containing
about 100 litres of country-made liquor were recovered and
nearby people disclosed the names of the petitioners who
allegedly fled away from the place of occurrence.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence as
alleged in the FIR. From perusal of the F.I.R., it appears that
source of information is nearby people but the specific names
of nearby people have not been mentioned in the F.I.R., which
questions the authenticity of F.I.R. Except disclosure of
nearby people, there is nothing on record to demonstrate the
complicity of the petitioners in the alleged occurrence.
Petitioner nos. 1, 3 and 4 bear one criminal antecedent each
whereas petitioner no. 2 bears clean antecedent. He further
submits that petitioners were not found at the place of
occurrence and nothing has been recovered from the
conscious possession of the petitioners. He further submits
that the place of recovery is a diyara area which is an open
place and the same is accessible to all and therefore the
petitioners cannot be held liable for the alleged recovery. He
further submits that the motorcycle in question does not
belong to the petitioners. In the light of the aforesaid facts and
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circumstances of the case, petitioners cannot be held liable for
the same and no offence is made out as alleged in the FIR
against the petitioners.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners and
submits that the petitioners are F.I.R. named accused persons
and hence, they cannot escape from the allegation made in the
F.I.R.
6. Considering the facts and circumstances of the
case, petitioners were 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
petitioners above-named, in the event of their 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)
each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge 2 nd,
Saran at Chapra in connection with Revilganj P.S. Case No.
19 of 2026, subject to the conditions as laid down under
Section 482(2) of BNSS.
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7. The application stands allowed.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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