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Patna High Court

Hari Kishore MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail may be granted in the present case, subject to the stipulated conditions.

Summary

The petitioners, Hari Kishore Mahto and Manoj Yadav, were arrested in connection with the recovery of 40 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. They applied for bail, asserting innocence, a clean antecedent, and willingness to donate Rs. 25,000 to a charitable organization. The State opposed the bail. The High Court, after considering the submissions, granted bail on the condition that each petitioner furnish a bail bond of Rs. 10,000 with two sureties, deposit a cumulative Rs. 25,000 with the Ramakrishna Mission, and comply with verification of antecedents and monthly police attendance. The order is limited to the bail application and does not prejudice the merits of the trial. The bail bonds will be cancelled upon any default or discovery of involvement in other cases.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the conditions imposed by the court, including monetary deposit, sureties, and periodic police attendance, are appropriate for bail in this offence.

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • Section 30(a)
  • conditions of bail
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22205 of 2026
                      Arising Out of PS. Case No.-18 Year-2026 Thana- JANTA BAZAR District- Saran
                 ======================================================
           1.     Hari Kishore Mahto S/O Manan Mahto R/O Village- Sristapur, P.S- Janta
                  Bazar, Distt.- Saran.
           2.    Manoj Yadav S/O Guljar Yadav R/O Village- Sristapur, P.S- Janta Bazar,
                 Distt.- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Mrityunjay Kumar Tiwary, Advocate
                 For the State           :        Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-04-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                 2. The petitioners seek bail in connection with Janta

                   Bazar P.S. Case No. 18 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 40

                   litres of illicit liquor from the hut.

                                 4. It has been submitted by the learned counsel for the

                   petitioners that the petitioners are innocent and have falsely

                   been implicated in this case. The petitioners are in custody since

                   29.01.2026 having clean antecedent.
Patna High Court CR. MISC. No.22205 of 2026(2) dt.09-04-2026
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                       5. Learned counsel for the petitioners submits that the

          petitioners are ready to donate Rs. 25,000/- in some charitable

          organization without accepting his guilt.

                       6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioners.

                       7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioners, let the

          petitioners, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) each with two sureties

          of the like amount each to the satisfaction of the learned Special

          Judge, Excise-3, Saran, Chapra/concerned Court below in

          connection with Janta Bazar P.S. Case No. 18 of 2026.

                       8. This is also subject to the condition that the

          petitioners shall deposit cumulatively 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 petitioners

          shall be accepted after verifying the genuineness of the receipt

          produced by the petitioners.

                       9. As the petitioners claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioners are directed to verify the antecedent of the
           Patna High Court CR. MISC. No.22205 of 2026(2) dt.09-04-2026
                                                       3/3




                     petitioners. If the petitioners are found to be involved in any

                     other case then the bail bonds of the petitioners shall not be

                     accepted.

                                  10. As a condition of this order, the petitioners after

                     being released on bail is directed to mark their attendance at

                     Janta Bazar Police Station, District-Saran on first Sunday of

                     each month. Any default in appearance at the police station will

                     result in cancellation of bail bonds of the petitioners.

                                  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 petitioners 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     T


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