Patna High Court
Gopal Prasad Mahto @ Gopal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner as no incriminating article was found in his possession and the circumstances warranted release on bail.
Summary
The petitioner, Gopal Prasad Mahto, was arrested in connection with the seizure of 143.910 liters of illicit foreign liquor from a vehicle, and charged under Sections 274 and 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he neither owned nor drove the vehicle and that no incriminating article was found in his personal possession, asserting that his implication was purely on suspicion. The State opposed the bail application, arguing the seriousness of the offences involving illicit liquor. The Court examined the facts, noting the absence of any seized contraband from the petitioner’s direct control and the period of custody since 20 March 2026. Considering these circumstances, the Court granted bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused when no incriminating article has been recovered from his possession in a case under Sections 274, 275 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S. — s. 274, 275
Subjects
- bail
- illicit liquor
- excise law
- sections 274
- section 275
- section 30(a)
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23391 of 2026
Arising Out of PS. Case No.-162 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
Gopal Prasad Mahto @ Gopal Kumar Son of Pramod Prasad Mahto Resident
of Ward No. 05, Mahasmadpur, Shakra, Mahmadpur Sakra, P.O.- Kalyanpur,
P.S.- Bibhutipur, District- Samastipur, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Keshav Bhardwaj, Advocate
For the State : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 274 and 275 of the B.N.S.
and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 143.910 liters illicit
foreign liquor was recovered from the seized car.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
No incriminating article has been recovered from conscious
possession of this petitioner and he has falsely been implicated
in this case merely on suspicion. Petitioner is neither owner nor
driver of the seized vehicle. Moreover, charge-sheet has already
Patna High Court CR. MISC. No.23391 of 2026(2) dt.06-05-2026
2/2
been submitted and petitioner is in custody since 20.03.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the
case, fact that no incriminating article has been recovered from
possession of this petitioner and period of custody, the prayer
for grant of bail to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned Exclusive Special Judge (Excise)-I,
Samastipur in connection with Bibhutipur P.S. Case No. 162 of
2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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