Patna High Court
Pramod MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond of Rs 10,000 with two sureties, subject to specified conditions.
Summary
Petitioner Pramod Mahto was arrested on 28‑02‑2026 in connection with an excise case involving the seizure of 1 litre of illegal chulai wine and 60 kg of fermented Jawa Mahua solution from a house that is jointly owned. He applied for bail, asserting a clean criminal record, false implication, and that he is not the absolute owner of the premises. The prosecution opposed the bail. The court noted the petitioner’s clean antecedent, the non‑compliance of Sections 103 and 105 of the BNSS, 2023, and his lack of exclusive ownership, and consequently granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offence under Section 30(a) of the Bihar Prohibition and Excise Act and the circumstances of the seizure
- Whether the non‑compliance of Sections 103/105 of the BNSS, 2023 and the petitioner’s lack of absolute ownership of the house warrant bail
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise offence
- illegal liquor
- Section 30(a)
- clean antecedent
- joint property
- procedural non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22323 of 2026
Arising Out of PS. Case No.-123 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Pramod Mahto Son of Jageshwar Sharma Resident of village- Koli, Ps- Halsi,
Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-04-2026 Heard Mr. Rabi Bhushan, learned counsel for the
petitioner and Mr. Narsingh Tanti, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
28.02.2026 in connection with Excise P.S. Case No. 123c2 of
2025, F.I.R. dated 27.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 1 liter of country made illegal chulai
wine and 60 Kg fermented Jawa Mahua solution.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.22323 of 2026(2) dt.06-04-2026
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the recovery of 1 liter country made illegal chulai wine and 60
kg fermented Jawa Mahua solution has been made from the
house of the petitioner. He further submits that the petitioner has
no concern at all with the alleged recovery of the illicit liquor or
the house/kitchen in question and the same is the joint house
property of the petitioner and he is not the absolute owner of the
house in question. He further submits that there is non-
compliance of Section 103/105 of the BNSS, 2023. The
petitioner is in custody since 28.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, there is non-compliance
of Section 103/105 of the BNSS, 2023 and he is not the absolute
owner of the house in question, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional District & Sessions Judge-
VII-cum-Exclusive Special Excise Court-II, Lakhisarai in
connection with Excise P.S. Case No. 123c2 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
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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.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Vanisha/-
U T
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