Patna High Court
Dilip MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 292, 61(2)
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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