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Patna High Court

Mantu Rajbhar @ Mantu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner.

Summary

Mantu Rajbhar was arrested in connection with the recovery of 192.24 liters of liquor near a riverbank and charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that no liquor was found in his possession, that he was arrested solely on suspicion, and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. He had been in custody since 1 December 2025 and had no prior criminal record. The State opposed bail, but the Court considered the lack of incriminating material, the open nature of the recovery site, and the duration of custody. Consequently, the Court granted bail on a bond of Rs. 15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act given the circumstances of arrest.
  • Whether the arrest complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • suspicion
  • arrest
  • Section 103
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12531 of 2026
                    Arising Out of PS. Case No.-99 Year-2025 Thana- PIPRASI District- West Champaran
                 ======================================================
                 Mantu Rajbhar @ Mantu Rai S/O Late Rajbhavan Bhar R/O Village- Thori
                 Bazar, Police Station- Piprasi, District- West Champaran.

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

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

2   24-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Piprasi

                   P.S. Case No. 99 of 2025, instituted for the offences punishable

                   under Sections 30(a) and 41(1) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 192.24 liters

                   liquor was recovered from sacks near bank of river and the

                   petitioner was arrested on 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
             Patna High Court CR. MISC. No.12531 of 2026(2) dt.24-02-2026
                                                         2/2




                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submitted that the alleged recovery has

                       been made from and open place and the same is easily

                       accessible to the public at large. It is further submitted that the

                       petitioner has been arrested only on the basis of suspicion. The

                       petitioner is in custody since 01.12.2025 and has got no criminal

                       antecedent. There is no compliance of Section 103 of the

                       Bharatiya Nagarik Suraksha Sanhita, 2023.

                                    5. Learned APP 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/- (Rupees Fifteen Thousand) with two

                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Piprasi P.S. Case

                       No. 99 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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