Patna High Court
Chhotelal Mahto @ Chottelal MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, subject to a bond and sureties, with a condition for possible cancellation if antecedent liability is later established.
Summary
The petitioner, Chhotelal Mahto, applied for regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that he was falsely implicated in a liquor smuggling raid. The prosecution’s case relied solely on the statement of a co‑accused, Mahesh Mahto, who named the petitioner among four who escaped. The petitioner argued that he was not arrested at the scene, no incriminating article was found on him, and he has no prior criminal record. The court noted the lack of direct evidence against him and his clean antecedent, and consequently ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount. The bail was conditioned that if any antecedent under the Act is later discovered, the prosecution may move for its cancellation.
Issues considered
- What is the appropriate bail disposition when the only evidence against the accused is a co‑accused's statement and no material has been seized?
- Does the absence of an on‑spot arrest and lack of prior criminal antecedent justify granting regular bail under the Bihar Prohibition and Excise Act, 2016?
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- liquor smuggling
- co‑accused statement
- no criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23365 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- MANIHARI District- Katihar
======================================================
Chhotelal Mahto @ Chottelal Mahto Son of Late Deva Ram Mahto @ Late
Deva Singh R/o Naya Tola, Ward no. 02, Manihari, P.S. - Manihari, Dist. -
Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 08-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Manihari P.S. Case no.
38 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, the informant states
that on receiving information about some persons dealing in
liquor, a raid was conducted. Seeing the police personnel while
the other accused managed to escape abandoning the boat in
which they were carrying liquor, it is stated that one person
namely Mahesh Mahto was arrested. He disclosed the name of
Patna High Court CR. MISC. No.23365 of 2026(3) dt.08-04-2026
2/3
the four accused who had managed to escape which included the
petitioner herein. A total of 402.125 litres of liquor was
recovered.
4. It is submitted by learned counsel for the petitioner
that the petitioner has been falsely implicated in the case. He
was neither arrested at the spot nor any incriminating article has
been recovered from his possession. The only material against
him is the statement of the coaccused made before the police.
The petitioner is in custody since 11.2.2026 and has no criminal
antecedent. He undertakes to cooperate in the trial.
5. Heard learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking
into consideration the allegations against the petitioner in the F.I.R.,
the petitioner not having been arrested at the spot, no incriminating
article having been recovered from his possession and especially the
petitioner not having any criminal antecedents, the Court directs the
petitioner to be enlarged on bail in connection with Manihari P.S.
Case no.38 of 2026 on furnishing bail bond of Rs.10,000/ (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Court-II, Katihar on the
following condition;
i. In case it subsequently transpires that the petitioner
Patna High Court CR. MISC. No.23365 of 2026(3) dt.08-04-2026
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had an antecedent under the Bihar Prohibition and Excise Act
2016, the prosecution will be at liberty to move this Court for
cancellation of bail of the petitioner.
(Partha Sarthy, J)
Bibhash
U T
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