Patna High Court
Sanjay MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to specified monetary and attendance conditions.
Summary
The petitioner, Sanjay Mahto, was arrested in connection with the recovery of 26 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, asserting his innocence, a clean antecedent, and willingness to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit Rs. 25,000 with the Ramakrishna Mission, and verify his antecedent. Additional conditions required his attendance at the police station on the first and third Sundays of each month, with default leading to cancellation of bail. The Court clarified that its order is limited to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the Court are appropriate and lawful.
- Whether verification of the petitioner's antecedent is necessary before accepting bail.
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- Section 30(a)
- Bihar Prohibition and Excise Act
- charitable donation
- antecedent verification
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21600 of 2026
Arising Out of PS. Case No.-159 Year-2026 Thana- MASHRAK District- Saran
======================================================
Sanjay Mahto S/O Parshuram Mahto Resident of Village- Mashrakh Purab
Tola @ Masarak East Tola, P.S.- Mashrakh, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Alok, Advocate
For the State : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Mashrakh P.S. Case No. 159 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, there is recovery of 26
litres of illicit liquor from the petitioner.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. The petitioner is in custody since
13.03.2026 having clean antecedent. .
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
Patna High Court CR. MISC. No.21600 of 2026(2) dt.06-04-2026
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organization without accepting his guilt.
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the petitioner, let the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Judge-2, Saran at Chapra /concerned Court
below in connection with Mashrakh P.S. Case No. 159 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashrama, Latu Maharaj Path , Opp.
Circuit House, Chapra, Bihar and produce the receipt of the
same before the Court below. The bail bonds of the petitioner
shall be accepted after verifying the genuineness of the receipt
produced by the petitioner.
9. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
Patna High Court CR. MISC. No.21600 of 2026(2) dt.06-04-2026
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10. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Mashrakh Police Station, District- Saran on the first and third
Sunday of each month. Any default in appearance at the police
station will result in cancellation of bail bonds of the petitioner.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U
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