Patna High Court
Suresh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
2/3
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
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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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