Patna High Court

Tulsi MahtoversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

The petitioner, Tulsi Mahto, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 20 litres of country-made liquor recovered near his house. He claimed innocence, arguing that the liquor was found in an open area and that he had no conscious possession, and that the police had implicated him with ulterior motive. The State opposed bail, highlighting the petitioner’s six prior criminal convictions. The court noted the lack of incriminating material in the petitioner’s possession and the circumstances of the recovery, and considered the period of custody already served. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties, one of whom must be a close family member, and imposed conditions regarding trial attendance and non‑tampering with evidence.

Issues considered

Whether bail should be granted to the petitioner despite six prior criminal convictions and alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act.
Whether compliance with Section 103 of the BNSS, 2023 is a prerequisite for granting bail.
Whether the fact that the liquor was recovered from an open place affects the bail decision.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 103
criminal antecedents
high court
Patna

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2818 of 2026
                         Arising Out of PS. Case No.-356 Year-2025 Thana- EKMA District- Saran
                 ======================================================
                 Tulsi Mahto S/o Late Lal Babu Mahto Resident of Village- Noniya Toli, P.S.-
                 Ekma, Distt.- Saran at Chapra

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar, Adv.
                 For the Opposite Party/s :       Mr. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Ekma PS

                   Case No. 356 of 2025 instituted for the offences under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 20 liters of

                   country made liquor was recovered near the house of the

                   petitioner in plastic sack.

                           4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.2818 of 2026(2) dt.19-01-2026
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          for the petitioner submits that the recovery has been made from

          an open place which is accessible to one and all and petitioner

          has been implicated in this case by the police with ulterior

          motive. The petitioner is in custody since 30.10.2025 and has

          got six criminal antecedents. There is no compliance of Section

          103 of the BNSS, 2023.

                  5. Learned A.P.P. for the State has vehemently opposed

          the prayer for grant of bail to the petitioner. The petitioner has

          six criminal antecedents and he does not deserve bail.

                  6. Considering the aforesaid facts and circumstances of

          the case and the period of custody undergone by the petitioner,

          this Court is inclined to grant bail to the petitioner.

                  7. Let the petitioner be released on bail, after framing of

          charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Ekma PS Case No. 356 of 2025, subject to

          the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.2818 of 2026(2) dt.19-01-2026
                                                       3/3




                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                             (III) If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to move

                     for cancellation of bail.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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