Patna High Court

Ranjit MahtoversusThe State of Bihar

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

Holding

The Court held that bail should be granted to the petitioner, subject to conditions, as the facts did not warrant continued detention.

Summary

The petitioner, Ranjit Mahto, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 10 litres of liquor were recovered from his joint family house. He claimed innocence, arguing that no incriminating material was found in his personal possession and that the recovery was from a house shared with other family members. The State opposed bail, while the petitioner had six prior criminal antecedents and had been in custody since 24‑11‑2025, with alleged non‑compliance of Section 103 of the BNSS, 2023. The Court, after considering the facts, the length of custody, and the lack of direct evidence against the petitioner, decided to grant bail subject to a cash bond and several conditions. The bail order required two sureties, family involvement, regular court appearances, non‑tampering with evidence, and a prohibition on committing similar offences.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of the case.
Whether the petitioner’s prior criminal antecedents and alleged non‑compliance with Section 103 of the BNSS, 2023, preclude the grant of bail.

Subjects

bail
prohibition law
excise
criminal procedure
prior convictions
surety
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11605 of 2026
                      Arising Out of PS. Case No.-161 Year-2025 Thana- Lalmatia District- Bhagalpur
                 ======================================================
                 Ranjit Mahto Son of Late Raj Kumar Mahto Resident of Village- Pasi Tola,
                 Lalmatiya, P.S.- Lalmatiya, District- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prerna Anand, Advocate
                 For the Opposite Party/s :        Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Lalmatiya PS Case No. 161 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                           3.       The prosecution case, in short, is that 10 liters

                   liquor was recovered from the house of the petitioner.

                           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. It is submitted

                   that recovery is made from the joint house of the petitioner,
Patna High Court CR. MISC. No.11605 of 2026(2) dt.19-02-2026
                                            2/3




          where other family members also reside. The petitioner is in

          custody since 24.11.2025 and has got six (6) criminal

          antecedent/s. 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.

                  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 Lalmatiya PS Case No. 161 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 and shall not remain absent on two consecutive

          dates without sufficient cause.

                       (III) The petitioner will not tamper with the evidence

          or the witnesses during the trial.
           Patna High Court CR. MISC. No.11605 of 2026(2) dt.19-02-2026
                                                       3/3




                                   (IV) Petitioner shall not commit offence of similar

                     nature in future.

                             If any of the above conditions are violated, the Trial

                     Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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