Surendra Mahto @ Surendar MahatoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25790 of 2026
                     Arising Out of PS. Case No.-217 Year-2026 Thana- MADHAURAH District- Saran
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                 Surendra Mahto @ Surendar Mahato S/O Late Jitan Mahato @ Jitan Mahto
                 R/O Vill.- Amnour Dih harnarayan, P.S.- Amnour, Dist.- Saran


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


                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Wasi Mohammad, Adv.
                 For the Opposite Party/s :      Mrs. Asha Devi, APP
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                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Marhowra P.S. Case No. 217 of 2026 registered for the

                   offence punishable under Sections 338, 336(3), 304(2) of the

                   B.N.S., 2023 and Sections 30(a), 41(1), 33 and 34 of the Bihar

                   Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   Scorpio vehicle, altogether 800 liters of spirit were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner is neither owner nor
Patna High Court CR. MISC. No.25790 of 2026(2) dt.18-04-2026
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          driver and was not in the alleged vehicle. He further submits

          that the brother of the petitioner has filed a petition before S.P.,

          Saran, stating that the petitioner has been falsely implicated in

          this case and proper investigation and CDR location should be

          collected, which will go to show that the petitioner was at the

          place of the occurrence at the time of recovery. He further

          submits that the witnesses of the seizure list are police

          personnel, and the police have not complied with Section 105 of

          the BNSS while making the seizure. Moreover, the petitioner is

          languishing in judicial custody since 14.03.2026.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner has criminal

          antecedent of six cases of similar nature.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail with the condition

          that the petitioner shall not indulge himself in similar nature

          of offences in future and shall also cooperate in the court

          below. The above named petitioner is directed to be enlarged on

          bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

          only) with two sureties of the like amount each to the

          satisfaction of the learned 2nd Exclusive Special Excise Judge,
           Patna High Court CR. MISC. No.25790 of 2026(2) dt.18-04-2026
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                     Saran at Chapra in connection with Marhowra P.S. Case No.

                     217 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T