Patna High Court
Lal Ji MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Lal Ji Mahto, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 500 ml of illicit liquor was seized from a pick‑up van in which he was present. He claimed innocence, stating he neither owned the vehicle nor had any knowledge of the liquor, and highlighted his clean antecedents and prolonged custody since 5 November 2025. The State opposed bail, arguing the seriousness of the offence. The court considered the petitioner’s lack of prior convictions, his willingness to furnish a bail bond of Rs.10,000 with two sureties, and the fact that he had been in custody for several months. Weighing these factors, the court granted bail subject to conditions including personal appearance at each trial date, a close relative as one surety, and provisions for cancellation upon breach or future similar offences. The order also directed that the bail bond be accepted upon receipt of the deposit with the Advocate Association of Patna High Court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioner’s custody status
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- criminal procedure
- surety
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89559 of 2025
Arising Out of PS. Case No.-271 Year-2025 Thana- JANTA BAZAR District- Saran
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Lal Ji Mahto S/o Haltu Mahto R/o Village- Satjora, P.S.- Daraundha, District-
Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Kumar Yadav, Adv.
For the Opposite Party/s : Mr.Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 07-01-2026 Heard the learned counsel for the petitioner and learned
APP for the State.
2. Petitioner, who is in custody, seeks bail in connection
with Janta Bazar P.S. Case No. 271 of 2025 registered for the
offence(s) punishable under Section(s) 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, total 500 ml. of illilcit
liquor was recovered from a Bolero Pick-up van and three persons
were apprehended including the petitioner.
4. The learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this case.
It has further been submitted that the petitioner has no concern
with the seized liquor. Learned counsel has further been submitted
that the petitioner is not the owner of the seized Pick-up van and
Patna High Court CR. MISC. No.89559 of 2025(2) dt.07-01-2026
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no recovery has been made from the conscious possession of the
petitioner. It has lastly been submitted that the petitioner has clean
antecedent and he is in custody since 05.11.2025.
5. The petitioner is willing and undertakes to deposit a
sum of Rs. 2,500/- with the Advocate Association, Patna High
Court.
6. The learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
7. Regard being had to the facts and circumstances of
the case and taking note of the fact that the petitioner has remained
in custody since 05.11.2025, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned court below where the case is
pending/successor court in connection Janta Bazar P.S. Case No.
271 of 2025, subject to the following terms and conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present before
the concerned Court on each and every date of the trial and shall
cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
Patna High Court CR. MISC. No.89559 of 2025(2) dt.07-01-2026
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will liable to be cancelled by the Court concerned.
(iv) If the petitioner, in future, is found to be involved
in similar nature of offence(s), the prosecution shall be at liberty to
move for cancellation of his bail bond.
(v) The trial court shall verify the criminal antecedent of
the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
8. The bail bond of the petitioner shall be accepted by
the learned Trial Court on showing receipt of deposit of aforesaid
amount with the Advocate Association, Patna High Court.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Gautam/-
U T
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