Patna High Court
Sanjay MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted as the petitioner had no incriminating material in his possession and the period of custody was sufficient, subject to prescribed conditions.
Summary
Sanjay Mahto was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 90 litres of country‑made liquor recovered from a tempo and a motorcycle. The petitioner claimed innocence, stating that no incriminating material was found in his personal possession and that his name was supplied by a local chowkidar. He had been in custody since 16 January 2026 and possessed five prior criminal antecedents, while the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, after considering the lack of direct evidence against the petitioner and the period of custody already served, decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions regarding surety, appearance, and non‑interference with witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail?
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- section 30
- section 103
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13103 of 2026
Arising Out of PS. Case No.-276 Year-2025 Thana- DERNI BAZAR District- Saran
======================================================
Sanjay Mahto Son of Police Mahto Resident of Pathara, P.S.- Derni, District -
Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, A.P.P.
======================================================
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 Derni
P.S. Case No. 276 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 total 90 liters
of country made liquor was recovered, out of which 50 litres of
country made liquor was recovered from Tempo and 40 litres of
country made liquor was recovered from motorcycle.
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. The petitioner
Patna High Court CR. MISC. No.13103 of 2026(2) dt.24-02-2026
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has no concern with the alleged tempo and motorcycle. The
name of the petitioner has been disclosed by the local
Chowkidar. The petitioner is in custody since 16.01.2026 and
has got five criminal antecedents. 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, after framing
of charge, if not already framed, 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 Derni P.S. Case No. 276 of 2025,
subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
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prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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