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Patna High Court

Pradeep Mahto @ Pradeep Kumar Mahto @ Pradip MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the petitioner was not found to be in conscious possession of the seized liquor and the prosecution had failed to comply with the procedural requirements of Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023.

Summary

Petitioner Pradeep Mahto was arrested on 30‑03‑2026 in connection with the seizure of 495 litres of illicit liquor and alleged offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He contended that he had no conscious possession of the liquor and that his name was implicated only on the basis of a villager’s disclosure, with no material evidence linking him to the contraband. The prosecution opposed bail, citing seven prior criminal antecedents, although the petitioner was already on bail in six other cases. The court observed that the seizure was not from the petitioner’s possession and that the prosecution had not complied with the procedural requirements of Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted when the accused is not found to be in conscious possession of the seized illicit liquor.
  • Whether the existence of multiple prior criminal antecedents bars the grant of bail.
  • Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, necessitates denial of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • possession
  • criminal antecedent
  • Section 103
  • Section 105
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32752 of 2026
                     Arising Out of PS. Case No.-89 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Pradeep Mahto @ Pradeep Kumar Mahto @ Pradip Mandal S/o Jangali
                 Mahto @ Jangali Mandal Resident of Village- Rampatti, P.S.- Rajnagar,
                 District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Murari Narain Chaudhary, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   14-05-2026                      Heard Mr. Murari Narain Chaudhary, learned

                   counsel for the petitioner and Mr. Shyam Bihari Singh, learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   30.03.2026 in connection with Rajnagar P.S. Case No. 89 of

                   2025, F.I.R. dated 11.03.2025 for the offences punishable under

                   Sections 274, 275 and 3(5) of the BNS, 2023 and Section 30(a)

                   of the Bihar Prohibition and Excise Act, 2022.

                               3. Recovery is of 495 liters of illicit liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.32752 of 2026(2) dt.14-05-2026
                                            2/3




          conscious possession of the petitioner rather on the basis of

          secret information, the police have recovered liquor in question

          from the bush and name of the petitioner has been transpired on

          the basis of disclosure made by the local villager and except the

          aforesaid, nothing has come during investigation which suggest

          the involvement of the petitioner in the present occurrence. The

          petitioner is in custody since 30.03.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries seven criminal antecedents

          other than the present one but fairly submits that he is on bail in

          six cases and one case is pending for consideration before the

          competent court of law.

                       6. Considering the aforesaid facts and circumstances

          that nothing has been recovered from the conscious possession

          of the petitioner, his name has been transpired on the basis of

          disclosure made by local villagers and there is non-compliance

          of Section 103/105 of the BNSS, 2023, let the petitioner, above

          named, 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 the learned Exclusive Special Judge

          Excise, Madhubani in connection with Rajnagar P.S. Case No.
            Patna High Court CR. MISC. No.32752 of 2026(2) dt.14-05-2026
                                                        3/3




                      89 of 2025 subject to the following conditions:-

                                    i. Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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