Raj Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49915 of 2026 Arising Out of PS. Case No.-332 Year-2026 Thana- BIRAUL District- Darbhanga ====================================================== Raj Kumar Mahto S/o Ram Avtar Mahto R/o Village- Balmiki Nagar, Pasikhana Tola, P.S- Biraul, Dist- Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saurav Anand, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RANJAN KUMAR JHA ORAL ORDER 27-07-2026 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner is apprehending his arrest in connection with Biraul P.S. Case No. 332 of 2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation against the petitioner in the FIR is of recovery of 50.855 litres of foreign liquor from the ground and second floor of the house.

4. It is submitted by learned counsel for the petitioner that the house is a joint family property and his share in the house is first floor, even if the allegation would be taken on its face value then also there is no recovery from that portion of the house, which belongs to petitioner. Petitioner is a man of clean

Patna High Court CR. MISC. No.49915 of 2026(2) dt.27-07-2026 2/3 antecedent and has been falsely implicated in this case.

5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.

6. Having considered the submissions of the parties, in particular that the house is joint family property and the share of petitioner is not those area from where recovery was made and petitioner is a man of clean antecedent. Accordingly, the petitioner named above be released on anticipatory bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each of the satisfaction of learned Special Judge-II (Excise Act), Darbhanga/concerned court, in connection with Biraul P.S. Case No. 332 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS, with further conditions that:- "(i) One of the bailors shall be family of the petitioner.

(ii) Petitioner shall cooperate in further investigation if any, in case of non-compliance of aforesaid conditions, the informant/State shall

Patna High Court CR. MISC. No.49915 of 2026(2) dt.27-07-2026 3/3 be at liberty to press for cancellation of bail bond of the petitioner before the learned trial court itself, which be decided, after giving fair opportunity of hearing to the petitioner."

(Ranjan Kumar Jha, J) veena/- U T