Patna High Court
Hari Kishore MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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