Suryanarayan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21544 of 2026 Arising Out of PS. Case No.-296 Year-2025 Thana- DALSINGHSARAI District- Samastipur ====================================================== Suryanarayan Mahto S/o Ram Bahadur Mahto R/o Village / Mohalla - Bhikhamchak, Ward no. 2, Naipur, P.S - Mansurchak, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Kumar Paswan, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 11-05-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Dalsingh Sarai P.S. Case No. 296 of 2025 instituted under Section 30(a) of Bihar Prohibition Excise Act.

3. As per the prosecution case, there is recovery of 11.88 liters illicit foreign liquor from A Maruti Suzuki Swift car of which petitioner is the registered owner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case being the registered owner of the seized vehicle which was taken by the co-accused, namely, Bhupesh Paswan @ Sanjay Paswan in a good faith. He further submits that co-accused has misused the vehicle of the petitioner without his knowledge and consent. Learned counsel submits that the petitioner was not present at the spot on the alleged date of occurrence and he has

Patna High Court CR. MISC. No.21544 of 2026(3) dt.11-05-2026 2/2 no concern with the alleged seized liquor. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner as well as her clean antecedent, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Court of Exclusive Special (Excise) 1st Samastipur/ concerned Court in connection with Dalsingh Sarai P.S. Case No.296 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- Koustav/- U T