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Patna High Court

Vijay Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the stipulated conditions.

Summary

Vijay Kumar Mahto was arrested in connection with the seizure of about 8,180 litres of illicit liquor, alleged to have been committed under Sections 30(a), 32(1) and 32(2) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, a clean antecedent and had been in custody since 25 January 2026. He offered to donate Rs.25,000 to a charitable organization without admitting guilt. The High Court, after considering the submissions, granted bail on the condition of a Rs.10,000 bond with two sureties of equal amount, a mandatory deposit of Rs.25,000 with the Ramakrishna Mission Ashram, monthly attendance at the police station, and verification of his antecedent. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act for alleged illicit liquor possession
  • Whether the conditions imposed (bond, sureties, charitable donation, police attendance, antecedent verification) are lawful and sufficient

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • surety
  • charitable donation condition
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13363 of 2026
                        Arising Out of PS. Case No.-22 Year-2026 Thana- RAJAON District- Banka
                 ======================================================
                 Vijay Kumar Mahto S/O Shri Keshvar Mahto Vill.- Manika, P.S.- Sarai
                 Ranjan, Distt.- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anish Kumar
                 For the Opposite Party/s :       Mr.Chandra Bhushan Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   27-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Rajoun P.S. Case No. 22 of 2026 registered for the offence

                   under Sections 30(a), 32(1), 32(2) of the Bihar Prohibition and

                   Excise Act.

                                 3. The recovery is of about 8180 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 25.01.2026. The

                   petitioner claims to have clean antecedent.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.13363 of 2026(4) dt.27-04-2026
                                            2/3




          prayer for bail of the petitioner.

                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned concerned

          Court below in connection with Rajoun P.S. Case No. 22 of

          2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                          9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at Sarai

          Ranjan Police Station on first Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                          10.      As the petitioner claims to have clean

          antecedent, the Court below, before accepting the bail bonds of

          the petitioner is directed to verify the antecedent of the
          Patna High Court CR. MISC. No.13363 of 2026(4) dt.27-04-2026
                                                      3/3




                    petitioner. If the petitioner is found to be involved in any other

                    case then the bail bonds of the petitioner shall not be accepted.

                                 11. It is, however, clarified that the observations made

                    herein are limited to the adjudication of the present bail

                    application and shall not prejudice the case of the petitioner at

                    any subsequent stage of the trial and this Court has not

                    expressed any opinion on the merits of the case.



                                                                 (Sandeep Kumar, J)
Vikas/-

U


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