Patna High Court
Mani Shankar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103, 105, 265, 274
- Bihar Prohibition and Excise Act — s. 30(a), 36, 41
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
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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
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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
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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/-
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