Kishori Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Kishori Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: to be released on bail in the event of arrest or surrender before the court below within four weeks from 18-06-2025, on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise Court No. 1, East Champaran at Motihari, in connection with Raghunathpur P.S. Case No. 05 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S. 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in Raghunathpur P.S. Case No. 05/2025 registered under Section 30(a), 41(i) of the Bihar Prohibition and Excise Amendment Act, are entitled to anticipatory bail. +1 more

Court's answer

Taking into consideration that the petitioners have no criminal antecedent and that illicit liquor was recovered from a place accessible to all and sundry, the court granted anticipatory bail to the petitioners.

Ratio / Principle

The petitioners were directed to be released on anticipatory bail in the event of arrest or surrender before the court below within four weeks, on furnishing a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Excise Court No. 1, East Champaran at Motihari, in connection with Raghunathpur P.S. Case No. 05 of 2025.

Key takeaways

The release on anticipatory bail was made subject to the conditions laid down under Section 482(2) of the B.N.S.S. 2023.ratio¶¶20

Detailed headnote1 paragraphs

Anticipatory bail granted - Bihar Prohibition and Excise Amendment Act, Sections 30(a), 41(i) - Raghunathpur P.S. Case No. 05/2025 dated 12.01.2025 (East Champaran) - 22 liters of illicit liquor alleged to have been recovered from two sacks thrown by the accused while fleeing near a bamboo clump - recovery effected from a bamboo clump in an open space accessible to all and sundry, not from the petitioners' premises, and names surfaced through disclosure by local villagers - petitioners having no criminal antecedent - petitioners directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each before the learned Special Judge, Excise Court No. 1, East Champaran at Motihari, subject to conditions under Section 482(2) of the B.N.S.S. 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35809 of 2025

Arising Out of PS. Case No.-5 Year-2025 Thana- Raghunathpur District- East Champaran

======================================================

1. Kishori Mahto son of Late Khenari Mahto Vill-Sapahi Ahiriniya, P.SRaghunathpur, Dist-East Champaran at Motihari

Suryadeo Mahto @ Suryadev Mahto @ Suraj Kumar son of Late Rajbanshi Mahto Vill-Sapahi Ahiriniya, P.S-Raghunathpur, Dist-East Champaran at Motihari P/A- Village- Bara Bariyarpur, Ps- Chaatauni, Dist- East Champaran

... ... Petitioner/s

Versus

The State of Bihar bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Binay Kumar Mr. Vivek Kumar For the Opposite Party/s : Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

2 18-06-2025 1. Heard the parties.

The petitioners apprehend their arrest in connection with Raghunathpur P.S. Case No. 05 / 2025 dated 12.01.2025 registered under Section 30(a), 41(i) of the Bihar Prohibition and Excise Amendment Act.

As per the prosecution case on 11.01.2025 police got secret information that petitioners have kept liquor in a bamboo clump situated near Ahiraniya river, reached at the place of occurrence and upon seeing the police party two persons started

Patna High Court CR. MISC. No.35809 of 2025(2) dt.18-06-2025 2/3

fleeing away. While fleeing ,they threw two sacks. Upon search, police recovered 22 liters of illicit liquor from the sacks thrown by the petitioners.

Learned counsel for the petitioners submits that petitioners have been made accused on the basis of disclosure of their name by the local villagers. They are not having any criminal antecedent and have been made accused on the basis of secret information. Recovery of illicit liquor has not been made from the premises belonging to the petitioners but the same has been recovered from a bamboo clump which is situated in an open space accessible to all and sundry.

Regard being had to the submission made by the parties, taking into consideration the fact that petitioners are having no criminal antecedent and illicit liquor has been recovered from a place accessible to all and sundry, accordingly, I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, above named, be released on anticipatory bail in the event of 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) each with two sureties of the like amount each to the satisfaction of learned Special Judge Excise Court No. 1 East Champaran at

Patna High Court CR. MISC. No.35809 of 2025(2) dt.18-06-2025 3/3

Motihari in connection with Raghunathpur P.S. Case No. 05 of 2025 subject to the condition as laid down under Section 482 (2) of the B.N.S.S. 2023.

(Anil Kumar Sinha, J)

praful/-

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