Patna High Court
Surendra MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
Checking your session…