Patna High Court
Mantu Rajbhar @ Mantu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
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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