Patna High Court
Bhola mahto @ Bhola mahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted as the recovery was not made from the petitioner’s conscious physical possession.
Summary
The petitioner, Bhola Mahto, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with ten litres of country‑made liquor recovered. The petitioner contended that the seized liquor was not in his conscious physical possession and that the seizure list lacked independent witnesses, asserting his clean antecedents. The State opposed the bail application. The Court examined whether the absence of conscious possession justified granting bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. Concluding that the recovery was not from the petitioner’s conscious possession, the Court ordered his release on bail subject to a bond of Rs.10,000 with two sureties and the conditions prescribed by the Special Judge, Excise Court No. 1, East Champaran.
Issues considered
- Whether bail can be granted when the seized illicit liquor is not in the accused’s conscious physical possession
- Whether the provisions of Section 438(2) Cr.P.C. and Section 482(2) BNSS apply to the bail application
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- conscious possession
- Section 30(a)
- Section 438(2) Cr.P.C.
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9847 of 2026
Arising Out of PS. Case No.-536 Year-2025 Thana- PAHARPUR District- East Champaran
======================================================
Bhola mahto @ Bhola mahato Son of Late Alakhdev Mahto @ Alakhdev
Mahato Resident of Village - Bhanja Tola, P.S. - Pahadpur, Dist. - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Paharpur P.S. Case No.
536 of 2025 registered for the offences punishable under Section
30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 10 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made from
the hut and admittedly, same is not recovered from the conscious
physical possession of this petitioner. It is submitted that recovery
is not made from conscious physical possession of the petitioner,
Patna High Court CR. MISC. No.9847 of 2026(2) dt.17-02-2026
2/2
who is a man of clean antecedent. It is also submitted that seizure
list appears doubtful being not supported by independent
witnesses rather by police personnels.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as recovery of illicit liquor not appears to be
made from the conscious physical possession of this petitioner,
accordingly the petitioner above named, in the event of his arrest
or surrender before the learned trial court within a period of four
weeks, is directed to be released on bail, furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Special Judge,
Excise Court No. 1, East Champaran, Motihari/concerned trial
court where the case is pending in connection with Paharpur P.S.
Case No. 536 of 2025 subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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