Patna High Court
Achchhelal MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Achchhelal Mahto was arrested on 27 November 2025 after 255 litres of liquor were recovered from a Bolero vehicle, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was neither the owner nor the driver of the vehicle, that no incriminating material was found in his possession, and that he was implicated solely on suspicion, despite having one prior criminal antecedent. He also pointed out that co‑accused in the same case had been granted regular bail and that the State had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the circumstances, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor seizure
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10056 of 2026
Arising Out of PS. Case No.-149 Year-2025 Thana- MAHUAWA District- East Champaran
======================================================
Achchhelal Mahto S/O Ramadhar Mahto R/O Village- Shankar Saraiya, P.S-
Turkauliya, District- East Champaran at Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mahuawa P.S. Case No. 149 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 255
liters liquor was recovered from Bolero vehicle and the
petitioner was arrested on spot.
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.10056 of 2026(2) dt.13-02-2026
2/2
for the petitioner also submitted that the petitioner is neither
owner nor driver of the vehicle in question rather he has been
arrested only on the basis of suspicioin. The petitioner is in
custody since 27.11.2025 and has got one criminal antecedent.
Learned counsel for the petitioner further submits that other co-
accused have been granted regular bail by this Court vide order
dated 29.01.2026 passed in Cr. Misc. No. 4935 of 2026. There is
no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
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 on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Mahuawa P.S. Case
No. 149 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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