Yado Mahto @ Aditya Kumar @ Adit Kumar v. The State of Bihar
CR. MISC./69030/2025 · 2025-10-08
Ajit Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 76495 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 76495 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.69030 of 2025 Arising Out of PS. Case No.-85 Year-2013 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== Yado Mahto @ Aditya Kumar @ Adit Kumar Son of Shivbalak Mahto Resident of Village- Jarahiya, Ps- Sitamarhi, dist- Nawada ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 08-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner apprehends his arrest in connection with G.O. P.S. Case No. 85 of 2013 registered for the offences under Sections 47(A) (F) of the Bihar Prohibition and Excise Act, 2016. 3. As per the prosecution story, on 06-10-2012 at around 12:45 p.m., based on secret information, the Excise Officer and his team raided a spot north of Jarahiya Village near an under-construction railway line, which was allegedly the petitioner’s adda. During the raid, they recovered 90 liters of country-made “chulai” liquor, 800 liters of fermented Jawa Mahua solution, a wine-manufacturing pipe, and 25 plastic
Patna High Court CR. MISC. No.69030 of 2025(2) dt.08-10-2025 2/3 glasses smelling of liquor. The petitioner managed to escape. A seizure list was prepared, and an FIR was lodged under the relevant sections. 4. Learned counsel for the petitioner submits that the petitioner is the sole bread earner and is living in Delhi for earning his livelihood since long and on 07.08.2025, he learnt about the present case which is said to have been lodged on account of recovery of 90 liters of country made chulai wine and 800 liters of feremented Jawa mahua solution and one pipe of wine manufacturing and 25 piece of plastic glass having smell of wine. Learned counsel further submits that he has falsely been implicated in the present case and the seized articles does not belong to the petitioner and he has clean antecedent. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6.
Regard being had to the submission made by the parties, taking into consideration the fact that illicit liquor has not been recovered from the conscious possession and / or premises belonging to the petitioner and the petitioner has clean antecedent, accordingly, this Court is inclined to grant anticipatory bail to the petitioner. Patna High Court CR. MISC. No.69030 of 2025(2) dt.08-10-2025 3/3
7. Let the petitioner, 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) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Court, Excise-2, Nawada, in connection with G.O. P.S. Case No. 85 of 2013 subject to the condition as laid down under Section 482(2) of the B.N.S.S.,
2023. sharun/- (Ajit Kumar, J) U T