Rohit Kumar Mahto @ Rohit Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7812 of 2026 Arising Out of PS. Case No.-245 Year-2025 Thana- BISFI District- Madhubani ====================================================== Rohit Kumar Mahto @ Rohit Mahto S/o- Harihar Mahto @ Hari Mahto Village- Bisfi Gola PS- Bisfi District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravi Prakash, Advocate Mr. Gagan Deo Yadav, Advocate Mr. Vinod Kumar, Advocate For the State :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-02-2026 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bisfi Police Station Case No. 245 of 2025, disclosing offences under Sections 30(a) of Bihar Prohibition and Excise Act.

3. The prosecution case, as per the First Information Report, is that on 22.12.2025, during vehicle checking, informant got secret information that petitioner kept country-made liquor in his general store/pan Bhandar,

Patna High Court CR. MISC. No.7812 of 2026(2) dt.17-02-2026 2/3 situated at Millit Chauk. On such information, police party proceeded towards the place of occurrence and upon seeing the police vehicle, one person succeeded in fleeing away. Local chaukidar disclosed the name of fled away person as the petitioner. On search, total, 11.400 litres of Nepali Saufi liquor was recovered from general store/pan Bhandar.

4. Learned Counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Learned counsel next submits that recovery is made from the petitioner's general store/pan Bhandar and petitioner has no information about the aforesaid liquor. The name of the petitioner has come only on the basis of disclosure made by local chaukidar.

5. Regards being had to the submissions made by the parties and taking into consideration the fact that recovery is made from the shop of the petitioner, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. Accordingly, the prayer for anticipatory bail is rejected.

7. However, if the petitioner surrenders before the concerned Court and seeks regular bail, the same may be

Patna High Court CR. MISC. No.7812 of 2026(2) dt.17-02-2026 3/3 considered by the concerned Court on the same day on its own merit without being prejudiced that anticipatory bail of the petitioner has been rejected by this Court. (Anil Kumar Sinha, J) Siwani/- U T