Patna High Court

Vikash Kumar MahtoversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner subject to bond and conditions.

Summary

Vikash Kumar Mahto, a driver of a Tata Magic vehicle, was arrested after 615.600 liters of liquor were recovered from the vehicle in a case filed under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a driver, had no knowledge of the contraband, and that no incriminating material was found in his possession; he also highlighted the absence of any criminal antecedent and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, arguing the seriousness of the offences. The High Court, after considering the period of custody and the lack of direct evidence against the petitioner, decided to grant bail. The bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and on the petitioner’s regular appearance before the trial court.

Issues considered

Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
driver
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
Section 30(a)
Section 32(3)
Section 103
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14575 of 2026
                       Arising Out of PS. Case No.-1186 Year-2025 Thana- Excise P.S. District- Jamui
                 ======================================================
                 Vikash Kumar Mahto S/o Vibhishan Mahto @ Bibhisan Mondal @ Bibhisan
                 Mandal R/o Vill- Kalamor Bypass, Distt- Asansol (West Bengal)


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Akash Raj, Advocate
                 For the Opposite Party/s :         Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-02-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Jamui

                   Excise P.S. Case No. 1186 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 32(3) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 615.600 liters

                   liquor was recovered from Tata Magic vehicle.

                                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
Patna High Court CR. MISC. No.14575 of 2026(2) dt.27-02-2026
                                            2/3




          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner is not the

          owner of the vehicle in question rather he is driver of that

          vehicle and has got no knowledge with regard to the nature of

          goods loaded in the vehicle. The petitioner is in custody since

          26.11.2025 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 Jamui Excise P.S.

          Case No. 1186 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.14575 of 2026(2) dt.27-02-2026
                                                         3/3




                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…