Patna High Court
Arjun MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Arjun Mahto was arrested in connection with a case alleging possession of 300 litres of Nepali liquor, violating Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s evidence consisted of the liquor recovered from the house of a co‑accused, with no material found in the petitioner’s direct possession. The petitioner contended that he was falsely implicated, had no involvement in the recovery, and that his name was supplied by a local chowkidar; he also pointed out the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Despite having one prior criminal antecedent, the court considered the circumstances and the period of custody already served. The High Court granted bail, directing the petitioner to furnish a bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the case and the applicable statutory provisions.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 272, 273
Subjects
- bail
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- criminal procedure
- section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3073 of 2026
Arising Out of PS. Case No.-641 Year-2023 Thana- HARSIDHI District- East Champaran
======================================================
Arjun Mahto Son of Jagdish Mahto Resident of village- Ranjeeta Sanaiya PS-
Harsidhi Distt- East champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mrs.Rina Sinha, 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
Harsidhi P.S. Case No. 641 of 2023, instituted for the offences
punishable under Sections 272 and 273 of the I.P.C. and Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 300
liters of Nepali liquor was recovered from the house of co-
accused.
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. The alleged
Patna High Court CR. MISC. No.3073 of 2026(2) dt.19-01-2026
2/2
recovered has been made from the house of co-accused
Shambhu Mahto as well as in haystack behind his house. The
name of the petitioner has been disclosed by the local
Chowkidar. The petitioner is in custody since 10.11.2025 and
has got one criminal antecedent. 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 Harsidhi P.S. Case
No. 641 of 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.