Vikash Mahato @ Vikash Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11409 of 2026 Arising Out of PS. Case No.-8 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== Vikash Mahato @ Vikash Mahto Son of Rajeshwar Mahto Resident of village- Lalsaraiya Dhangad Toli, PS -Majhauliya District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar For the Opposite Party/s:

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 17-02-2026 Heard learned counsel for the parties.

2. The petitioner is apprehending his arrest in connection with Majhauliya P.S. Case No.08 of 2022, F.I.R dated 03.01.2022 registered for the offences punishable under Sections 30(a) (d) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, a total of 25 liters of country-made liquor is alleged to have been recovered from outside the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner was not present at the place of occurrence and is in no way connected with the seized liquor. The alleged recovery is stated to have been made near the house of the petitioner, and the said place does not belong to the petitioner. No recovery has been made from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.11409 of 2026(2) dt.17-02-2026 2/2 Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP for the State opposes the prayer for anticipatory bail application.

6. Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the constructive possession of the petitioner, accordingly, this Court is inclined to grant anticipatory bail to the petitioner.

7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court-II, Bettiah, West Champaran in connection with Majhauliya P.S. Case No.08 of 2022 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023.

(Ajit Kumar, J) shikha/- U T