Patna High Court
Vijay Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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
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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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