Budhan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35465 of 2026 Arising Out of PS. Case No.-932 Year-2020 Thana- MADHAURAH District- Saran ====================================================== Budhan Mahto Son of Late Mahesh Mahto Resident of Village - Bhikhampur, P.S.- Khaira, District - Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 21-05-2026 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Marhowrah P.S. Case No. 932 of 2020 for the offence under section 30(a) of the Bihar Prohibition and Excise Act, lodged on 28.11.2020.

3. As per the prosecution story, the police during patrolling duty, intercepted a Motorcycle and there is recovery/seizure of 10 liters of country-made liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that nothing has been recovered from his conscious possession but only because he owns the motorcycle, got implicated.

5. Learned APP opposes the prayer submitting that even after the knowledge of the case, inasmuch as the

Patna High Court CR. MISC. No.35465 of 2026(2) dt.21-05-2026 2/2 motorcycle of the petitioner was seized with the liquor, this happened in the year 2020, he has moved before this Court six years later.

6. Considering the submissions of the learned APP for the State, no relief can be extended to the petitioner.

7. Accordingly, the anticipatory bail application stands rejected.

(Rajiv Roy, J) Adnan/- U T