Patna High Court
Amarnath MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- BNSS, 2023 — s. 103
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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