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Patna High Court

Ranjit Mahto @ Ranjit Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted as the recovery of illicit liquor was not from the petitioner's conscious possession and prior cases did not preclude relief.

Summary

The petitioner, Ranjit 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 131 litres of liquor recovered from an open area near his village. He sought bail, arguing that the liquor was not found in his conscious physical possession and that his prior involvement in twelve other cases, for which he was on bail, should not preclude relief. The State opposed bail, citing his criminal antecedents. The Court examined the facts, noting the absence of direct possession, and held that the recovery did not establish a strong case against him. Consequently, the Court directed that he be released on bail upon surrender to the trial court within four weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether bail should be granted when the seized illicit liquor is not found in the petitioner's conscious physical possession.
  • Whether the petitioner's prior criminal antecedents in twelve other cases bar the grant of bail.
  • Applicability of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS in granting bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30
  • criminal antecedents
  • Section 438
  • Section 482
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9881 of 2026
                       Arising Out of PS. Case No.-313 Year-2025 Thana- JALALPUR District- Saran
                 ======================================================
                 Ranjit Mahto @ Ranjit Kumar Mahto S/O Dharmdeo Mahto @ Dharmdev
                 Mahto R/o Village- Inamipur, P.S.- Jalalpur, District- Saran at Chapra
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Avinash Kumar Pandey
                 For the Opposite Party/s :       Mr.Suresh Prasad Singh
                 ======================================================
                 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 Jalalpur P.S. Case

                   No.313 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 131 litres of IMFL/country made liquor.

                                   4. Learned counsel appearing on behalf of the

                   petitioner submitted that recovery of illicit liquor is made from the

                   bushes near Inamipur Canal i.e., an open place easily accessible by

                   general public, where nothing recovered from the conscious

                   physical possession of the petitioner. While concluding the

                   argument, it is submitted that merely on the ground of criminal

                   antecedents, as petitioner found involved in 12 more cases, where

                   he is on bail, prayer of bail of petitioner should not ordinarily be
               Patna High Court CR. MISC. No.9881 of 2026(2) dt.17-02-2026
                                                           2/2




                         rejected, if merit of this case appears in favour of petitioner. In

                         support of his submission learned counsel relied upon the legal

                         report of Hon’ble Supreme Court as available through Prabhakar

                         Tewari Vs. State of Uttar Pradesh and Another, [(2020)

                         11 SCC 648].

                                         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        Additional

                         District and Sessions Judge-cum-2nd Exclusive Special Judge

                         Excise, Saran at Chapra/concerned trial court where the case is

                         pending in connection with Jalalpur P.S. Case No.313 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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