Patna High Court
Shri Krishna Mahto @ Krishna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner.
Summary
Shri Krishna Mahto applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He has seven prior cases, one involving alleged recovery of 494.64 litres of liquor from a co‑accused’s straw house, but he was not arrested at the scene and no liquor was found in his possession. He contends that he was implicated by a hostile chowkidar and that the police are mechanically charging persons with criminal antecedents. The State opposed bail. The court, after considering the submissions, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, to be satisfied by the trial court.
Issues considered
- Whether bail should be granted to the petitioner in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, considering his criminal antecedents and the circumstances of the alleged offence.
Subjects
- bail
- excise
- prohibition
- criminal antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3065 of 2026
Arising Out of PS. Case No.-170 Year-2025 Thana- HASANPUR District- Samastipur
======================================================
Shri Krishna Mahto @ Krishna Kumar S/O Shivkant Mahto R/O Village-
Goriyari, P.S- Hasanpur, Distt.- Samastipur (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. 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 Section 30(a) of Bihar Prohibition and
Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases, out of which, one case
is under the Excise Act and allegation is of recovery of 494.64
litres of liquor from straw house of the co-accused Vijay Mahto.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession
and petitioner has no concern or relation with Vijay and he came
to be implicated at the instance of chowkidar with whom he is
on an inimical term. It is also submitted that of late the police
Patna High Court CR. MISC. No.3065 of 2026(2) dt.30-01-2026
2/2
has started implicating accused persons having criminal
antecedent in Excise cases in a mechanical manner and the
petitioner is in custody since 17.10.2025.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Hasanpur
P.S. Case No.170/2025.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…