Patna High Court

Avinash Kumar MahtoversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners.

Summary

The petitioners, Avinash Kumar Mahto and Suraj Kumar, were arrested as driver and co‑driver of a vehicle from which 102.060 litres of foreign liquor was seized. They were charged under sections 30(a), 32(i)&(iii) and 41(i)&(ii) of the Bihar Prohibition and Excise Act. The petitioners contended that no liquor was found in their conscious possession, they had no knowledge of the recovery, possess clean criminal records and that Section 103 of the BNSS, 2023 had not been complied with. The State opposed the bail application. Considering the length of custody since 12‑12‑2025, the absence of incriminating material and the petitioners’ clean antecedent, the Court granted bail on a bond of Rs.15,000 with two sureties, thereby disposing the petition.

Issues considered

Whether the petitioners are entitled to bail in respect of offences under the Bihar Prohibition and Excise Act despite being arrested in connection with the recovery of foreign liquor.
Whether the non‑compliance of Section 103 of the BNSS, 2023 and the lack of incriminating material on the petitioners justify the grant of bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
excise
foreign liquor
Bihar Prohibition and Excise Act
Section 103 BNSS
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1773 of 2026
                  Arising Out of PS. Case No.-744 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
           1.     Avinash Kumar Mahto Son of LR/ate Ramchandra Mahto R/o- Vill. -
                  Hridayganj Katihar, Ward no. 6, P.S. - Sahayak, P.S. -, Katihar, Distt. -
                  Katihar.
           2.     Suraj Kumar Son of Late Nandkishore Sah R/o Motipur, Singhousa(Shankar
                  Tola), Ward no. 04, P.S. - Motipur, Dist. - Muzaffarpur.
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Amresh Kumar Sinha, Adv.
                 For the Opposite Party/s :         Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   19-01-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                           2. The petitioners seek bail in connection with Bhabhua

                   Excise PS Case No. 744 of 2025 instituted for the offences

                   under Section 30(a), 32(i)&(iii), 41(i) & (ii) of the Bihar

                   Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 102.060 liters of

                   foreign liquor was recovered from the car and both petitioners

                   were arrested on the spot.

                           4. Learned counsel for the petitioners submit that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have
           Patna High Court CR. MISC. No.1773 of 2026(2) dt.19-01-2026
                                                       2/2




                     got no concern with the alleged recovery of liquor. Learned

                     counsel for the petitioner submits that the petitioners are the

                     driver and co-driver of the vehicle in question and were merely

                     the passerby of the way, but they have been implicated in this

                     case by the police as they refused to become the witness of the

                     alleged recovery. The petitioners are in custody since

                     12.12.2025 and have got clean criminal antecedent. There is no

                     compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                             6. Considering the aforesaid facts and circumstances of

                     the case and the period of custody undergone by the petitioners,

                     this Court is inclined to grant bail to the petitioner.

                             7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bhabhua Excise PS

                     Case No. 744 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-
U      T

Continue reading with your account

Checking your session…