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Patna High Court

Dilip MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner.

Summary

Dilip Mahto, a driver, was arrested after 625.65 litres of illicit liquor were recovered from a Tata Magic vehicle. He was charged under Sections 292 and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 32 and 41(i)(ii) of the Bihar Prohibition and Excise Act. The petitioner argued that he had no knowledge of the liquor, no incriminating material was found on him, and he had no criminal antecedents, also noting non‑compliance with Section 103 of the BNSS. The State opposed bail. Considering the clean antecedent, lack of evidence linking him directly, and the short period of custody, the Court granted bail on a bond of Rs.15,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused under the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act given the facts of the case
  • Whether the requirements of Section 103 of the BNSS, 2023 for bail have been satisfied

Legislation cited

Subjects

  • bail
  • criminal procedure
  • liquor smuggling
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act
  • driver
  • no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3384 of 2026
                          Arising Out of PS. Case No.-83 Year-2025 Thana- FCI District- Begusarai
                 ======================================================
                 Dilip Mahto Son of Chandra Mohan Mahto Resident of village- Bokaro Steel
                 City, Kamdehnu Khatal, Sector 6C, Ps- Sector @ Sector 6c Dist- Bokaro,
                 Jharkhand

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :         Mr. Md. Shakir Ahmad, APP
                 ======================================================
                 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 FCI

                   PS Case No. 83 of 2025                  instituted for the offences under

                   Section/s 292 & 61(2) of the Bharatiya Nyaya Sanhita, 2023 and

                   Sections 30(a), 32 & 41(i)(ii) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 625.65 liters

                   liquor was recovered from Tata magic.

                           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
           Patna High Court CR. MISC. No.3384 of 2026(2) dt.19-01-2026
                                                       2/2




                     no concern with the alleged recovery of liquor. It is submitted

                     that name of the petitioner has surfaced in this case as being

                     driver of the vehicle in question and he was oblivious of the fact

                     that illicit liquor was laden in the vehicle. The petitioner is in

                     custody since 06.12.2025 and has got no criminal antecedent/s.

                     There is no compliance of Section 103 of the BNSS, 2023.

                             5.      Learned A.P.P. 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, clean antecedent of the petitioner 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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with FCI PS Case No. 83

                     of 2025 .


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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