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Patna High Court

Mani Shankar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted because the accused had no conscious possession of the seized liquor, a clean antecedent, and there was procedural non‑compliance by the prosecution.

Summary

Mani Shankar Mahto was arrested on 20 January 2026 in connection with a case involving the seizure of 2,970 litres of Nepali liquor. The FIR alleged violations of Sections 30(a), 36 and 41 of the Bihar Prohibition and Excise Act and Sections 274 and 265 of the Bihar Narcotic Substances (BNS) Act, 2023. The petitioner argued that the liquor was recovered from the vehicle, not from his conscious possession, that he has a clean antecedent, and that the prosecution failed to comply with Sections 103/105 of the BNS Act. The Additional Public Prosecutor opposed bail. The Court, noting the lack of direct possession, the petitioner’s clean record and the procedural lapse, granted bail on a bond of Rs. 10,000 with two sureties and imposed standard conditions for cooperation and non‑tampering. The bail order was directed to the Special Judge of the Exclusive Excise Court, Sitamarhi.

Issues considered

  • Whether bail should be granted to the accused given the alleged offences under the Bihar Prohibition and Excise Act and the BNS Act.
  • Whether the non‑recovery of the seized liquor from the accused’s conscious possession and alleged non‑compliance with Sections 103/105 of the BNS Act justify bail.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • illegal liquor
  • procedural compliance
  • conscious possession
  • criminal antecedent
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15285 of 2026
                      Arising Out of PS. Case No.-41 Year-2026 Thana- SURSAND District- Sitamarhi
                 ======================================================
                 Mani Shankar Mahto S/o Sevak Mahto Resident of Village- Kararbana, ward
                 no. 4, Post- Bangraha, P.S.- Sursand, Dist.- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dwij Raj, Advocate
                 For the Opposite Party/s :       Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-03-2026                      Heard Mr. Dwij Raj, learned counsel for the

                   petitioner and Mr. Mritunjay Kumar Nirala, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   20.01.2026 in connection with Sursand P.S. Case No. 41 of

                   2026, F.I.R. dated 19.01.2026 for the offences punishable under

                   Sections 30(a), 36 and 41 of the Bihar Prohibition and Excise

                   Act and Sections 274 and 265 of the BNS, 2023.

                               3. Recovery is of 2970 liters of Nepali liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The allegation as alleged in the

                   F.I.R is false and fabricated and the petitioner has not committed

                   any offence as alleged in the F.I.R. He further submits that it
Patna High Court CR. MISC. No.15285 of 2026(2) dt.12-03-2026
                                            2/3




          appears from the F.I.R. as well as seizure list that nothing has

          been recovered from the conscious possession of the petitioner

          rather the recovery has been made from the vehicle (pickup van)

          in question. He further submits that there is non-compliance of

          Section 103/105 of the BNSS, 2023. The petitioner is in custody

          since 20.01.2026.

                      5     Learned      Additional        Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, nothing has been

          recovered from the conscious possession of the petitioner and

          there is non-compliance of Section 103/105 of the BNSS, 2023,

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

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Special

          Judge, Exclusive Excise Court No.-II, Sitamarhi in connection

          with Sursand P.S. Case No. 41 of 2026, subject to the following

          conditions:-

                          i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.15285 of 2026(2) dt.12-03-2026
                                                        3/3




                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.




                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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