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Patna High Court

Shatrudhan MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding that the lack of incriminating material, his clean record, and the extended pre‑trial detention warranted release.

Summary

The petitioner, Shatrudhan Mahto, was arrested on 10‑12‑2025 after 36 litres of liquor were recovered from a motorcycle and he was alleged to be in possession under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely a passer‑by, not the owner of the vehicle, and that no incriminating material was found on his person, emphasizing his clean record and the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. The High Court, after considering the prolonged pre‑trial custody and the absence of direct evidence, decided to grant bail. The court ordered the petitioner to be released on a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in view of the facts.
  • Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • pre‑trial detention
  • Section 30(a)
  • Section 103
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12614 of 2026
                   Arising Out of PS. Case No.-638 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Shatrudhan Mahto S/O Late Manai Mahto Resident Of Village - Nuniyapatti
                 Fulwariya, P.s- Sugauii, Dist.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pravin Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, 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 Sugauli

                   P.S. Case No. 638 of 2025, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 36 liters

                   liquor was recovered from motorcycle 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

                   no concern with the alleged recovery of liquor. It is further
             Patna High Court CR. MISC. No.12614 of 2026(2) dt.24-02-2026
                                                         2/2




                       submitted that the petitioner is not the owner of the motorcycle

                       in question. It is further submitted that the petitioner was a

                       passerby of that way and was arrested only on the basis of

                       suspicion. The petitioner is in custody since 10.12.2025 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 Sugauli P.S. Case

                       No. 638 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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