Patna High Court
Parmanand MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding no sufficient ground to deny it.
Summary
The petitioner, Parmanand Mahto, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 70 litres of country‑made liquor. He claimed innocence, stating he was merely a passer‑by and that no incriminating material was found in his possession, and highlighted the lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the facts, the petitioner’s clean record, and the period of custody already served. The court found no sufficient ground to deny bail and ordered his release on a bond of Rs.15,000 with two sureties. Consequently, the petitioner was granted bail pending further trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the requirements of Section 103 of the BNSS, 2023 have been complied with.
- Whether the petitioner poses a flight risk or danger to the investigation.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS 2023
- Section 103
- criminal procedure
- excise law
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2125 of 2026
Arising Out of PS. Case No.-464 Year-2025 Thana- KHUSRUPUR District- Patna
======================================================
Parmanand Mahto Son of Ramasaray Mahto Resident of Village-
Dhankathowa, P.S.- Ghoswari, District- Patna at present Bara Hassanpur, P.S.-
Khushrupur, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Singh, Adv.
For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Khusrupur
PS Case No. 464 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 70 liters of
country made liquor was recovered from two plastic bags.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. Learned counsel for
the petitioner submits that the petitioner was the passerby of the
way and has been implicated in this case by the police with
Patna High Court CR. MISC. No.2125 of 2026(2) dt.19-01-2026
2/2
ulterior motive. The petitioner is in custody since 21.11.2025
and has got no 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 petitioner.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioner,
this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Khusrupur PS Case No. 464 of 2025.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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