Nawal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22647 of 2026 Arising Out of PS. Case No.-435 Year-2025 Thana- SANGRAMPUR District- East Champaran ====================================================== Nawal Mahto Son of Late Ram Ayadhya Mahto @ Ramyodhya Mahto @ Ramayodhya Mahto Resident of Village - Purvi Madhubani Thakur Tola, P.S.- Sangrampur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Sangrampur P.S. Case No. 435 of 2025 lodged on 08.11.2025, for the offence punishable under section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, FIR has been lodged against the present petitioner and owner of E-Rickshaw. Total recovery of 57 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22647 of 2026(2) dt.16-04-2026 2/3 petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the alleged recovery has been made from an E-Rickshaw. Counsel further submits that the name of the petitioner has figured in this case only on the basis of suspicion. Counsel further submits that the petitioner has clean antecedent.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Special Judge Excise Court No.1, East Champaran, Motihari, in connection with Sangrampur P.S. Case No. 435 of 2025, subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.

7. The Trial Court is directed to verify the criminal antecedent(s) of the petitioner, and in case, it is found at any stage that the petitioner has concealed the fact about his criminal antecedent(s), the Trial Court shall take steps for cancellation of

Patna High Court CR. MISC. No.22647 of 2026(2) dt.16-04-2026 3/3 bail bond of the petitioner. However, the acceptance of the bail bonds in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification. (Dr. Anshuman, J) Divyansh/- U T