Bharat Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31359 of 2026 Arising Out of PS. Case No.-51 Year-2026 Thana- Excise P.S. District- Siwan ====================================================== Bharat Mahto S/o Late Paltu Mahto R/o vill - Chhotka Manjha, P.s.- Mairwa, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Priyanshu Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2026 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Excise Siwan Sadar P.S. case no. 51/2026 for the offence under sections sections 30(a), 47 of the Bihar Prohibition and Excise Amendment Act 2018.

3. As per the prosecution story, the informant alleged that on secret information, a motorcycle was intercepted and there is recovery/seizure of 1.300 liters country made liquor. This led to the FIR.

4. Learned counsel for the petitioner submits that his cousin, Omprakash Chauhan had taken the vehicle and he being the owner, got implicated. Further, the petitioner do not have criminal antecedent.

5. Further, learned counsel for the petitioner relied on

Patna High Court CR. MISC. No.31359 of 2026(2) dt.13-05-2026 2/3 the judgment of the Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

6. Learned APP opposes the prayer submitting that he is the owner of the vehicle.

7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that nothing has been recovered from his conscious possession nor he has criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge (Excise) Court-02, Siwan in connection with Excise Siwan Sadar P.S. case no. 51/2026

Patna High Court CR. MISC. No.31359 of 2026(2) dt.13-05-2026 3/3 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner(s) shall be appearing before the Police Station as and when required for co-operating in the investigation;

(iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U