Patna High Court
Ramnath MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Ramnath Mahto, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 70 litres of liquor recovered from a public place. He contended that he was falsely implicated, had no incriminating article in his possession, and possessed no prior criminal record. The prosecution opposed bail, while the petitioner argued that the recovery was from an open area and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The court examined the facts, the length of custody since 21‑11‑2025, and the lack of direct evidence against the petitioner. Concluding that the circumstances did not justify continued detention, the court granted bail on the condition of a Rs.15,000 bond with two sureties.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3839 of 2026
Arising Out of PS. Case No.-464 Year-2025 Thana- KHUSRUPUR District- Patna
======================================================
Ramnath Mahto S/O Kishan Mahto R/O Vill.- Bara Hasanpur,P.S-
Khushrupur,Dist-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Khusrupur P.S. Case No. 464 of 2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 70 litres
of liquor has been recovered from plastic sack.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.3839 of 2026(2) dt.27-01-2026
2/2
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 21.11.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika 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 as also 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 Khusrupur P.S. Case
No. 464 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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