Patna High Court
Sonalal MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
Petitioner Sonalal Mahto was arrested on 25‑02‑2026 in connection with a 2020 case involving alleged illegal possession of country‑made liquor and raw wine under the Bihar Prohibition and Excise Act, 2018. The prosecution alleged recovery of 8 litres of liquor and 300 litres of wine, but the petitioner contended that nothing was seized from his possession and he was implicated solely on the basis of a local chowkidar’s tip. The petitioner also highlighted that he has four prior criminal antecedents of a similar nature, for which he is already on bail. The Additional Public Prosecutor opposed bail, citing the prior offences. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of antecedents. The bail order was made subject to these conditions without delay for verification.
Issues considered
- Whether bail should be granted to the petitioner despite prior criminal antecedents and the nature of the offences under the Bihar Prohibition and Excise Act, 2018.
- Whether the lack of direct seizure from the petitioner’s possession justifies his continued detention.
- Whether the conditions imposed by the court are appropriate for the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32, 41(1)
Subjects
- bail
- prohibition law
- excise
- criminal antecedent
- seizure
- liquor
- Bihar
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38959 of 2026
Arising Out of PS. Case No.-250 Year-2020 Thana- SANGRAMPUR District- East
Champaran
======================================================
Sonalal Mahto S/o Rajendra Mahto Resident of village - Koirgawa, P.S-
Sangrampur, Dist- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 23-06-2026 Heard Mr. Abhishek Kumar, learned counsel for
the petitioner and Ms. Anita Kumari, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.02.2026 in connection with Sangrampur P.S. Case No. 250 of
2020, F.I.R. dated 10.10.2020 for the offences punishable under
Section 30(a), 32 and 41(1) of the Bihar Prohibition and Excise
Act, 2018.
3. As per the prosecution case, there is recovery of 8
liters of country made liquor and 300 liters of raw wine was
destroyed at the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.38959 of 2026(2) dt.23-06-2026
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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
conscious possession of the petitioner rather the recovery has
been made from Bhatti and the petitioner has been made
accused merely on the basis of disclosure made by local
Chowkidar and spy and petitioner was not apprehended at the
place of occurrence and except the disclosure made by local
Chowkidar and spy nothing has come during investigation,
which suggest the involvement of the petitioner in the present
offence. He further submits that the police after investigation
submitted the charge sheet against the petitioner. The petitioner
is in custody since 25.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries four criminal antecedents other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
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
Patna High Court CR. MISC. No.38959 of 2026(2) dt.23-06-2026
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Special Excise Court No.-1 Civil Court, East Champaran at
Motihari, in connection with Sangrampur P.S. Case No. 250 of
2020, 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)
Suruchi /-
U T
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