IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7813 of 2026 Arising Out of PS. Case No.-258 Year-2025 Thana- MAKER District- Saran ====================================================== Mintu Mahto @ Mintu Kumar Mahato Son of Umesh Mahto Resident of Village- Jagdishpur, Ketuka Lachchhi, P.S.- Maker, District- Saran ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar Singh, Adv. For the State : Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 18-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner is apprehending his arrest in connection with Maker P.S. Case No. 258 of 2025 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act. 3. As per prosecution case, there is alleged recovery of 7.800 litre country made liquor from motorcycle in question and Mahal chowkidar as well as local people disclosed the name of the petitioner, who fled away from the spot. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. He further submits that petitioner bears criminal antecedent of four cases in which he is on bail. Petitioner has Patna High Court CR. MISC. No.7813 of 2026(2) dt.18-02-2026 2/3 been roped in a case one after another in a routine manner without any basis. Petitioner is not owner of the motorcycle in question. He further submits that nothing has been recovered from conscious possession of the petitioner. Petitioner was not found at the place of occurrence. Petitioner has no concern with the seized liquor. Seizure list has not been made as per law. He further submits that the police in connivance with local chowkidar and village people has falsely implicated the petitioner in the present case and except disclosure of Mahal chowkidar and local people, there is nothing on record to connect the present petitioner with the alleged occurrence. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act. 5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that name of the petitioner finds place in the FIR and hence, petitioner cannot escape from the allegation made in the FIR. 6. Considering the facts and circumstances of the case, petitioner was not found at the place of occurrence, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner Patna High Court CR. MISC. No.7813 of 2026(2) dt.18-02-2026 3/3 above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail 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 Excise Judge-03, Saran at Chapra in connection with Maker P.S. Case No. 258 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 7. The application stands allowed. shahzad/- (Alok Kumar Pandey, J) U T