Patna High Court

Sunny Mahto @ Sunny Kumar @ Sanni MahtoversusThe State of Bihar

Decided: 25 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner, finding that the case was based on suspicion and the petitioner had been in custody for an extended period without incriminating material.

Summary

The petitioner, Sunny Mahto, was arrested on 22-12-2025 for alleged possession of 50 litres of liquor recovered from a plastic box, invoking Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no incriminating material in his conscious possession, was implicated solely on suspicion, and had no prior criminal record. The petitioner also highlighted that the liquor was recovered from an open public place and that a co‑accused had already been granted bail. The State opposed the bail application. Considering the lack of direct evidence, the extended period of custody, and the statutory provisions, the Court granted bail on a bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the arrest.
Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition act
excise
suspicion
custody
surety
Section 30(a)
Section 103

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14342 of 2026
                      Arising Out of PS. Case No.-655 Year-2025 Thana- MALSALAMI District- Patna
                 ======================================================
                 Sunny Mahto @ Sunny Kumar @ Sanni Mahto S/o Jai Kishun Mahto R/o
                 Mohalla- Chutkiya Bazar, Police Station- Malsalami, District- Patna
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Deepak Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Malsalami P.S. Case No. 655 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 50 liters

                   liquor was recovered from plastic box 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. Learned counsel

                   for the petitioner also submitted that the petitioner has been
             Patna High Court CR. MISC. No.14342 of 2026(2) dt.25-02-2026
                                                         2/2




                       arrested only on the basis of suspicion. It is next submitted that

                       the alleged recovery has been made from an open place and the

                       same is easily accessible to the public at large. The petitioner is

                       in custody since 22.12.2025 and has got no criminal antecedent.

                       Learned counsel for the petitioner further submits that other co-

                       accused has been granted regular bail by this Court vide order

                       dated 11.02.2026 passed in Cr. Misc. No. 8796 of 2026. 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 Malsalami P.S. Case

                       No. 655 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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