Patna High Court
Suraj Mahto @ Suraj Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Suraj Mahto was arrested on 24 April 2026 in connection with a case involving the recovery of 20 litres of country‑made liquor from behind his house, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner contended that the charge was based solely on suspicion and that no substantive evidence linked him to the offence, noting that co‑accused persons had already been granted bail. The State opposed bail, highlighting that the petitioner had eight other criminal cases, five of which were on bail and three pending. The Court examined the material facts, the nature of the offence, and the petitioner’s criminal antecedents, and found no compelling reason to deny bail. Consequently, the Court ordered the release of the petitioner on a bail bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 despite the nature of the offence and his prior criminal history.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
Subjects
- bail
- prohibition act
- excise
- liquor seizure
- criminal procedure
- suspicion
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38860 of 2026
Arising Out of PS. Case No.-81 Year-2026 Thana- PANAPUR District- Saran
======================================================
Suraj Mahto @ Suraj Kumar Mahto S/o Muni Mahto @ Munni Mahto
Resident of vill- Methaura, P.O.- Dubauli, P.S.- Panapur, Distt.- Saran at
Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard Mr.Jeetendra Narayan, learned counsel for the
petitioner and Mr.Md. Shakir Ahmad, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
24.04.2026 in connection with Panapur P.S. Case No. 81 of
2026, F.I.R. dated 14.03.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act, 2022.
3. Recovery is of 20 liters of country made liquor.
4. Learned counsel appearing for the petitioner
submits that from a bare perusal of the FIR it appears altogether
20 liters of country made liquor was recovered from behind the
house of the petitioner and petitioner and his family members
Patna High Court CR. MISC. No.38860 of 2026(2) dt.22-06-2026
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have been made accused in the present case and petitioners have
been made accused in the present case merely on the basis of
suspicion and except the suspicion, nothing has come during
investigation against the petitioner to suggest the involvement of
the petitioner in the present occurrence and co-accused person,
namely, Babita Devi @ Shanti Devi & Anr. have been granted
bail by a Coordinate Bench of this Hon’ble Court vide order
dated 17.04.2026 passed in Cr. Misc. No.25633 of 2026 and the
petitioner is in custody since 24.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
eight more cases other than the present one but he fairly submits
that out of eight cases, the petitioner is on bail in five cases, and
rest three cases are pending for consideration before the
competent court of law, as mentioned in para-3 of the bail
petition.
6. Considering the aforesaid fact, 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 learned 2nd Exclusive Special Excise
Court, Saran at Chapra in connection with Panapur P.S. Case
No. 81 of 2026, with the following conditions:-
Patna High Court CR. MISC. No.38860 of 2026(2) dt.22-06-2026
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(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/her absence on two consecutive dates without sufficient
reason, his/her 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)
Nitesh/-
U T
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