Patna High Court
Mantosh Rai @ Mantos SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Mantosh Rai sought anticipatory bail after fearing arrest in a case (Jadopur P.S. Case No. 115 of 2023) under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, where 1230.4 litres of liquor were recovered from a boat. The petitioner claimed innocence, arguing that his name was mentioned only in a co‑accused’s confessional statement, which he said lacked evidentiary value, and that no prima facie case existed against him. He also highlighted a prior criminal antecedent for which he was on bail and pointed to a similar co‑accused who had been granted regular bail in Cr. Misc. No.10877 of 2024. The State opposed the bail, but the Court noted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and, applying Section 482(2) of the same Act, ordered the petitioner released on anticipatory bail subject to a bond of Rs.15,000 and two sureties.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether a prima facie case exists against the petitioner under the Bihar Prohibition and Excise Act.
- Whether the confessional statement of co‑accused Rinki Kumari is admissible as evidence.
- Whether Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been complied with.
- Whether the precedent of bail granted in Cr. Misc. No.10877 of 2024 is applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- bail
- confessional statement
- prima facie case
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10906 of 2026
Arising Out of PS. Case No.-115 Year-2023 Thana- YADOPUR District- Gopalganj
======================================================
Mantosh Rai @ Mantos Singh S/O Kashi Rai Resident of Vill. Mashanthana,
P.S- Jadopur, Dist.- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bharat Lal, 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 apprehends arrest in connection with
Jadopur P.S. Case No. 115 of 2023, registered under Sections
30(a) and 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 1230.400
liters liquor was recovered from a boat.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has got no concern with the alleged
recovery of liquor. Learned counsel for the petitioner also
submitted that name of the petitioner has transpired in this case
on the basis of confessional statement made by co-accused,
namely, Rinki Kumari and the same has got no evidentiary
value. It is next submitted that the petitioner has got no concern
with the alleged boat from which the recovery has been made.
Patna High Court CR. MISC. No.10906 of 2026(2) dt.13-02-2026
2/2
Learned counsel for the petitioner, therefore, contends that
prima-facie, no case is made out against the petitioner. The
petitioner has got one criminal antecedent in which he is on bail.
Learned counsel for the petitioner further submits that similarly
situated co-accused has been granted regular bail by this Court
vide order dated 22.02.2024 passed in Cr. Misc. No. 10877 of
2024. 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,
let the petitioner, above named in the event of arrest/surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory 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 Jadopur P.S. Case
No. 115 of 2023, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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