Sakaldev Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Sakaldev Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender before the court below within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the District and Addl. Sessions Judge cum Spl. Judge, Exclusive Excise court II, Vaishali at Hajipur / concerned Court, subject to the conditions laid down under Section 482(2) of BNSS.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is named in the F.I.R. and apprehends arrest in connection with Rajapakar (Baranti O.P.) P.S. Case No. 205 of 2024 registered under Section 30(a) of the Excise Act, 2022. +1 more

Court's answer

On that basis, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each.

Ratio / Principle

Taking note of the factual submissions, the Court found prima facie that the recovery of the alleged illicit liquor did not appear to have been made from the conscious physical possession of the petitioner.

Key takeaways

The bonds and sureties are to be furnished to the satisfaction of the learned District and Addl. Sessions Judge cum Spl. Judge, Exclusive Excise court II, Vaishali at Hajipur / concerned Court, where the case is pending, and the release is subject to the conditions laid down under Section 482(2) of BNSS.ratio¶26

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.34127 of 2026 (oral order dated 08-06-2026, Chandra Shekhar Jha, J.): Anticipatory bail granted to Sakaldev Mahto, named in the F.I.R. of Rajapakar (Baranti O.P.) P.S. Case No. 205 of 2024 (Thana Rajapakar, District Vaishali), registered for offences under Section 30(a) of the Excise Act, 2022, involving alleged recovery of 240 litres of IMFL/country-made liquor from Alto car BR31E 6088. Counsel pleaded that the car had been sold by the petitioner to Mukesh Kr. Sah on 27.08.2016 (sell letter prepared), that the recovery was not from the petitioner's conscious physical possession, and that the petitioner had clean antecedents; the learned APP opposed. Finding prima facie that the recovery did not appear to have been made from the petitioner's conscious physical possession, the Court directed release on arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two like sureties, to the satisfaction of the District and Addl. Sessions Judge cum Spl. Judge, Exclusive Excise court II, Vaishali at Hajipur / concerned Court, subject to the conditions under Section 482(2) of BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34127 of 2026

Arising Out of PS. Case No.-205 Year-2024 Thana- RAJAPAKAR District- Vaishali

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

Sakaldev Mahto Son of Late- Fakira Mahto R/o Village- Fakuli, Ward No. 6, P.S.- Kudhani (Fakuli O.P.), District- Muzaffarpur.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Rajeev Ranjan No. Ii For the Opposite Party/s : Mr.Humayou Ahmad Khan ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

3 08-06-2026 Heard the parties

The petitioner is named in the F.I.R. and

apprehending his arrest in connection with Rajapakar (Baranti O.P.) P.S. Case No. 205 of 2024 registered for

the offences punishable under Section 30(a) of Excise Act, 2022.

The allegation against the petitioner is to be

engaged in illegal trading/manufacturing of illicit liquor, where, there is recovery of 240 litres of IMFL/country made liquor

It is submitted by learned counsel appearing

on behalf of the petitioner that recovery of alleged illicit

Patna High Court CR. MISC. No.34127 of 2026(3) dt.08-06-2026 2/3

liquor was made from Alto car bearing registration no. BR31E 6088, but due to technical reason as petitioner is

still the registered owner of the Alto Car he was implicated with present case. It is submitted that the car, in issue, was already sold by petitioner to one Mukesh Kr. Sah on 27.08.2016, for which a sell letter was prepared by both the parties. It is further submitted that the recovery of alleged illicit liquor was not made from the conscious physical possession of this petitioner. Petitioner claimed clean antecedent.

5 Learned APP, opposes the prayer of bail.

In view of aforesaid factual submission and

by taking note of fact as recovery of alleged illicit liquor prima-facie not appears to be made from the conscious physical possession of the petitioner, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.34127 of 2026(3) dt.08-06-2026 3/3

sureties of the like amount each to the satisfaction of the learned District and Addl. Sessions Judge cum Spl.

Judge Exclusive Excise court II, Vaishali at Hajipur /concerned Court, where the case is pending in connection with Rajapakar (Baranti O.P.) P.S. Case No. 205 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J)

Sudha/-

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