Nagendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30365 of 2026 Arising Out of PS. Case No.-76 Year-2026 Thana- PANAPUR District- Saran ====================================================== 1.

Nagendra Mahto S/O Indradev Mahto R/O village- Chakiya, P.S.- Panapur, District- Saran 2.

Awadhesh Nut S/O Shankar Nut R/O village - Chintamanpur, P.S. - Panapur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-06-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Panapur P.S. Case No. 76 of 2026 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that near the bank of Gandak river, altogether 285 liters of country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have

Patna High Court CR. MISC. No.30365 of 2026(2) dt.23-06-2026 2/3 committed no offence. They have falsely been implicated in this case. Learned counsel for the petitioners has further submitted that nothing has been recovered from their possession rather the recovery has been made from open place. The name of the petitioners has surfaced on the basis of secret information and on the basis of confessional statement of coaccused who has stated that the petitioners are also involved in the said profession. A statement has been made in para-3 of this petition that the petitioners have got one criminal antecedent each.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioners.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Panapur P.S. Case No. 76 of 2026, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra subject to

Patna High Court CR. MISC. No.30365 of 2026(2) dt.23-06-2026 3/3 the conditions as laid down under section 482(2) of B.N.S.S. (Ashok Kumar Pandey, J) Shubham/- U T