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Patna High Court

Suresh MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners subject to specified conditions.

Summary

Petitioners Suresh Mahto and Anil Mahto were arrested on 25 February 2026 in connection with a case involving the alleged illegal manufacture of 210 litres of liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. They contended that the liquor was seized from the premises and not from their conscious possession, that their names were linked to the case on the basis of secret information, and that the investigation failed to comply with Sections 103 and 105 of the Bihar Narcotic and Substance Seizure (BNSS) Act, 2023. The prosecution opposed bail, citing a prior criminal antecedent. The High Court, after considering the submissions, granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail bonds not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 in the circumstances of the case.
  • Whether non‑compliance with Sections 103/105 of the BNSS, 2023 warrants denial of bail.
  • Whether the petitioners' prior criminal antecedent justifies refusal of bail.

Subjects

  • bail
  • illicit liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • BNSS Act
  • criminal antecedent
  • secret information
  • seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22448 of 2026
                        Arising Out of PS. Case No.-58 Year-2026 Thana- NADI P.S. District- Patna
                 ======================================================
           1.     Suresh Mahto S/O Sitaram Mahto R/O Village- Gulmahiyabag, P.S- Nadi
                  and Distt.- Patna.
           2.    Anil Mahto S/O Late Jattu Mahto R/O Village- Gulmahiyabag, P.S- Nadi
                 and Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the petitioners/s    :        Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :        Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-04-2026                      Heard Mr. Jay Ram Prasad, learned counsel for the

                   petitioners and Dr. Kumar Uday Pratap, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioners seeks bail who are in custody since

                   25.02.2026 in connection with Nadi P.S. Case No. 58 of 2026,

                   F.I.R. dated 15.02.2026 for the offences punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

                               3. Recovery is of 210 liters of illicit liquor.

                               4. Learned counsel for the petitioners submits that

                   petitioners are innocent and they have 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
Patna High Court CR. MISC. No.22448 of 2026(2) dt.07-04-2026
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          from the conscious possession of the petitioners rather the

          recovery of 210 liters of illicit liquor has been made from the

          place of occurrence. He further submits that the name of the

          petitioners have been transpired on the basis of secret

          information and except the aforesaid, no other cogent material

          has come during investigation which suggest the involvement of

          the petitioners in the present occurrence. It appears from the

          seizure list that there is non-compliance of Section 103/105 of

          the BNSS, 2023. The petitioners are in custody since

          25.02.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners on the

          ground that the petitioners carries one criminal antecedent other

          than the present one but fairly submits that they are on bail in

          the pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with

          two sureties of the like amount each to the satisfaction of the

          learned Special Judge, Excise, Patna City in connection with

          Nadi P.S. Case No. 58 of 2026 subject to the following

          conditions:-
            Patna High Court CR. MISC. No.22448 of 2026(2) dt.07-04-2026
                                                        3/3




                                    i. petitioners shall co-operate in the trial and shall be

                       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 petitioners 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 petitioners and in case at

                      any stage it is found that the petitioners have concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. 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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