Mukesh MahtoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16178 of 2026
                         Arising Out of PS. Case No.-328 Year-2025 Thana- BHELDI District- Saran
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                 Mukesh Mahto Son of Manik Chand Mahto @ Ladai Mahto Resident of
                 village- Murli Sirisiya, Ps- Bheldi, Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mrityunjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :        Mrs. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-03-2026                      Heard Mr. Mrityunjay Kumar Tiwary, learned

                   counsel for the petitioner and Mrs. Anita Kumari, learned APP

                   for the State.

                                2. Petitioner seeks bail, who is in custody since

                   24.01.2026, in connection with Bheldi P.S. Case No. 328 of

                   2025, F.I.R. dated 17.12.2025 registered for the offences

                   punishable under Section 30(a) of the Bihar Prohibition &

                   Excise Act, 2016.

                                3. Recovery is of 60 litres of country made liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the

                   conscious possession of the petitioner rather recovery has been
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          made near Sirisiya Bandh and petitioner has been made accused

          on the basis of disclosure made by local choukidar/villager and

          except the disclosure made by local choukidar/villager, no other

          cogent material has come during investigation to suggest the

          involvement of the petitioner in the present occurrence and

          altogether 60 litres of country made liquor was recovered from

          the place of occurrence and the petitioner is in custody since

          24.01.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that the petitioner carries one more case

          of similar nature other than the present one.

                       6. Considering the facts and circumstances of the case

          and the fact that the name of the petitioner has been transpired

          on the basis of disclosure made by local choukidar/villager, let

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

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

          sureties of the like amount each to the satisfaction of learned

          Special Judge, Excise 1st, Siwan in connection with Bheldi P.S.

          Case No. 328 of 2025, subject to the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court
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                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

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

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T