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Patna High Court

Amarnath MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Amarnath Mahto, was arrested after 846 litres of foreign liquor were seized from a truck in a case under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was neither the owner nor the driver of the vehicle, had no possession of the liquor, and was merely a passerby, asserting his innocence and clean criminal record. The State opposed bail, while the petitioner’s counsel highlighted the absence of incriminating material and non‑compliance with Section 103 of the BNSS, 2023. The Court, considering the lack of direct evidence against him and the period of custody already endured, decided to grant bail. The petitioner was ordered to be released on furnishing 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 in view of the evidence and custody period
  • Whether the non‑compliance of Section 103 of the BNSS, 2023, warrants denial of bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor
  • criminal procedure
  • Section 30(a)
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1175 of 2026
                       Arising Out of PS. Case No.-90 Year-2025 Thana- Fakuli District- Muzaffarpur
                 ======================================================
                 Amarnath Mahto S/o Late Brahmdev Mahto R/o vill - Chakmaru
                 (Chakmaruf), P.S.- Belsar, Distt.- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Priyesh Kumar, Adv.
                 For the Opposite Party/s :        Mr. Sucheta Yadav, 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 Fakuli PS

                   Case No. 90 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 846 liters of

                   foreign liquor was recovered from the truck and the petitioner

                   was arrested on the 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.1175 of 2026(2) dt.19-01-2026
                                                       2/2




                     for the petitioner submits that the petitioner is neither the owner

                     nor the driver of the vehicle in question and petitioner was only

                     the passerby of the way where the occurrence took place and

                     has become victim of the circumstances. The petitioner is in

                     custody since 07.12.2025 and has got clean criminal antecedent.

                     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 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 Fakuli PS Case No. 90 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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