Sunil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34383 of 2026 Arising Out of PS. Case No.-125 Year-2026 Thana- PARSA District- Saran ====================================================== Sunil Mahto Son of Late Hari charan Mahto Resident Of Village- Anyay PsParsa, Dist- Saran at chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 19-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Parsa P.S. Case No. 125 of 2026 dated 13.03.2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation, 12.800 litres of country-made liquor was recovered from the wheat field of the petitioner.

4. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. It has further been submitted that the alleged recovery has been made from an open field, accessible to all. It has further been submitted that procedure under Section 103 B.N.S.S. has not been followed. It has lastly been submitted that

Patna High Court CR. MISC. No.34383 of 2026(2) dt.19-05-2026 2/2 petitioner has got one criminal antecedent but he is on bail in that case and taking advantage of the antecedent of petitioner, local people might have concealed the illicit liquor in order to save themselves and falsely implicate the petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran at Chapra, in connection with Parsa P.S. Case No. 125 of 2026, subject to conditions as laid down under section 482(2) of the B.N.S.S.

8. The application stands allowed.

(Praveen Kumar, J) shivam/- U T