Patna High Court
Pradeep Mahto @ Pradeep Kumar Mahto @ Pradip MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 103, 105, 274, 275, 3(5)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
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
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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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