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Patna High Court

Pappu MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a bond and specific conditions.

Summary

Pappu Mahto was arrested on 1 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act for the alleged recovery of 2,000 litres of country‑made liquor from a boat. The petitioner claimed he had no possession of the liquor, that the allegation was fabricated, and that he had a clean antecedent. He also pointed out that co‑accused Kishan Kumar and Santosh Mahto had already been granted bail and that Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023 had not been complied with. The State opposed bail. Considering the lack of possession, the non‑compliance of Section 103, and the bail granted to similarly situated co‑accused, the Court ordered bail on a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.

Issues considered

  • What is the appropriate bail jurisprudence for an offence under Section 30(a) of the Bihar Prohibition & Excise Act?
  • Does non‑compliance with Section 103 of the BNSS, 2023, justify granting bail?
  • Should the petitioner be granted bail given that the liquor was recovered from the boat and not from his conscious possession, and that co‑accused have been released on bail?

Subjects

  • bail
  • prohibition act
  • excise
  • Section 30(a)
  • Section 103
  • BNSS 2023
  • possession
  • false implication
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20395 of 2026
                          Arising Out of PS. Case No.-86 Year-2026 Thana- DIGHA District- Patna
                 ======================================================
                 Pappu Mahto Son of Shankar Mahto R/O- Jahagirpur, P.S.- Rustampur, Distt.-
                 Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mithilesh Kumar Arya, Advocate
                 For the Opposite Party/s :        Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   26-03-2026                      Heard Mr. Mithilesh Kumar Arya, learned counsel

                   for the petitioner and Mr. Rajendra Prasad Nat, learned APP for

                   the State.

                                2. Petitioner seeks bail, who is in custody since

                   01.02.2026, in connection with Digha P.S. Case No. 86 of 2026,

                   F.I.R. dated 01.02.2026 registered for the offences punishable

                   under Sections 30(a) of the Bihar Prohibition & Excise Act.

                                3. Recovery is of 2000 litres of country made liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case. He further submits that 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.

                   In fact, nothing has been recovered from the conscious
Patna High Court CR. MISC. No.20395 of 2026(2) dt.26-03-2026
                                            2/3




          possession of the petitioner rather recovery has been made from

          the boat in question and the petitioner is not the owner of the

          boat in question. He further submits that co-accused persons

          namely, Kishan Kumar and Santosh Mahto who were

          apprehended along with the petitioner have been granted bail by

          this Court vide order dated 24.03.2026 and 25.03.2026 passed in

          Cr. Misc. No. 18349 of 2026 and Cr. Misc. No. 19101 of 2026

          and there is non compliance of Section 103 of the B.N.S.S.,

          2023 and the petitioner is in custody since 01.02.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that nothing has been recovered from the conscious

          possession of the petitioner and there is non-compliance of

          Section 103 of the BNSS, 2023 as well as similarly situated co-

          accused persons have been granted bail by this Court, 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 Exclusive

          Special Judge, Excise-II, Patna in connection with Digha P.S.

          Case No. 86 of 2026, subject to the following conditions :
            Patna High Court CR. MISC. No.20395 of 2026(2) dt.26-03-2026
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                                   (1) 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

                      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)
Suruchi/-

U      T


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