Created by Fuzzy Cloud

Patna High Court

Surendra MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners.

Summary

The petitioners, Surendra Mahto and Nitesh Kumar, were arrested in connection with a case registered under Sections 30(a), 30(c), 34 and 36 of the Bihar Prohibition and Excise Act for alleged possession of 115 litres of country‑made liquor recovered near a pond. They filed a bail application, contending that they were falsely implicated, had no incriminating material in their possession, no prior criminal record, and that the liquor was recovered from an open area accessible to all. The State opposed the bail, arguing the seriousness of the offences. The court noted the lack of material linking the accused to the liquor, the length of custody since 15‑12‑2025, and the non‑compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. Accordingly, the court inclined to grant bail, directing the petitioners to furnish bail bonds of Rs 15,000 each with two sureties. The bail was ordered subject to compliance with the lower court.

Issues considered

  • Whether the petitioners are entitled to bail under the Bihar Prohibition and Excise Act for the alleged offences
  • Whether the requirements of Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023 have been complied with

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • liquor
  • criminal procedure
  • Section 103
  • custody
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12054 of 2026
                      Arising Out of PS. Case No.-785 Year-2025 Thana- DARIYAPUR District- Saran
                 ======================================================
           1.     Surendra Mahto S/o Budhan Mahto R/o Village- Admapur, PS- Dariyarpur,
                  Distt- Saran
           2.    Nitesh Kumar S/o Jungli Mahto R/o Village- Maksudpur, PS- Shahpur,
                 Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Khushi Awadh, Advocate
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2.       The petitioners seek bail in connection with

                   Dariyapur PS Case No. 785 of 2025 instituted for the offences

                   under Sections 30(a), 30(c), 34 & 36 of the Bihar Prohibition

                   and Excise Act.

                           3.       The prosecution case, in short, is that 115 liters

                   country made liquor was recovered from near a pond.

                           4.       Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
           Patna High Court CR. MISC. No.12054 of 2026(2) dt.23-02-2026
                                                       2/2




                     got no concern with the alleged recovery of liquor. It is

                     submitted that recovery is from an open place, which is

                     accessible to one and all. The petitioners are in custody since

                     15.12.2025 and has got no 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 petitioners.

                             6.      Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                              7.     Let the petitioners be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) each with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Dariyapur PS Case

                     No. 785 of 2025.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.