Patna High Court
Amresh Mahto @ Amresh Kumar MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail must be granted to the petitioner despite the charges, subject to a monetary bond and compliance with conditions.
Summary
Amresh Mahto was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 360 litres of Nepali liquor were recovered from a straw house. The petitioner contended that he was falsely implicated, that no incriminating material was found in his possession, and that the liquor was recovered from an open, public place. He had been in custody since 11‑12‑2025 and possessed two prior criminal antecedents, while the prosecution failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence, the open‑place recovery, the period of custody, and procedural lapses, the Court inclined to grant bail, imposing a bond of Rs.15,000 with two sureties and specific conditions for appearance. The bail was consequently ordered subject to the stipulated conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants the grant of bail
Legislation cited
Subjects
- bail
- prohibition act
- excise
- criminal procedure
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3023 of 2026
Arising Out of PS. Case No.-123 Year-2024 Thana- SAKATPUR District- Darbhanga
======================================================
Amresh Mahto @ Amresh Kumar Mahato S/o Yogendra Mahto @ Jogindra
Mahto @ Jogendra Mahto R/o village - Kakodha Purvi, Kakoraha, P.S.-
Sakatpur, District - Darbhanga, State- Bihar, Pin - 847204.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kanchan Jha, Advocate
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sakatpur P.S. Case No. 123 of 2024, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 360 liters of
Nepali liquor was recovered from straw house.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
made from straw house, which is an open place and accessible
Patna High Court CR. MISC. No.3023 of 2026(2) dt.19-01-2026
2/2
to public at large . The petitioner is in custody since 11.12.2025
and has got two criminal antecedents. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sakatpur P.S. Case
No. 123 of 2024, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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