Laxman Mahto v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.2395 of 2025, oral order dated 12-02-2025, Justice Shailendra Singh. Anticipatory bail application allowed for Laxman Mahto in Bahera P.S. Case No. 319 of 2023 (District Darbhanga) under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Key points: registered owner of motorcycle ridden by son apprehended with seized wine; no other material implicating petitioner; prior case under the same Act where motorcycle was similarly misused by son; Section 76 bar examined and held inapplicable as offence does not even prima facie attract against petitioner; bail bond Rs. 20,000/- with two like sureties; surrender/arrest window six weeks; conditions per Section 482 of the B.N.S.S. Counsel: Md. Shah Nawaz Ali (petitioner); Kumar Uday Pratap, APP (State).
What did the court decide?
Anticipatory bail granted: the petitioner, in the event of arrest or surrender before the learned Court below within six weeks, to be released on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions laid down in Section 482 of the B.N.S.S., in connection with Bahera P.S. Case No. 319 of 2023.