Patna High Court
Jitendra MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court allowed the petitioner's bail application, granting regular bail on the condition of a Rs. 10,000 bond with two sureties.
Summary
The petitioner, Jitendra Mahto, was arrested in connection with a case involving the recovery of 145 litres of illicit country-made liquor from a river bank and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was falsely implicated, that no liquor was found in his possession, and that the investigation failed to follow the procedures prescribed under Sections 103 and 105 of the B.N.S.S. He also highlighted his two prior similar offences for which he was already on bail and noted that he had been in custody since 10 May 2026. The State opposed his bail application. After hearing both sides and reviewing the record, the Court considered the circumstances, including the lack of direct possession and procedural lapses, and ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount. The application for bail was therefore allowed.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case and alleged procedural lapses.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103, 105
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- procedural lapse
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39121 of 2026
Arising Out of PS. Case No.-404 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
Jitendra Mahto S/O Ganga Sagar Mahto Resident of Village - Near Sadhu Lal
School, Dharmshala Newaji Tola, P.S. - Town, District - Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adarsh Ranjan, Advocate
For the Opposite Party/s : Mr.Brajendra Nath Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Town P.S. case No. 404
of 2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, a total of 145 litres of
illicit country-made liquor was recovered from the bank of the
river. The petitioner was identified as one of the persons who
had fled from the place of occurrence, as disclosed by the
nearby people.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has been falsely implicated in
the present case. It has further been submitted that the petitioner
Patna High Court CR. MISC. No.39121 of 2026(2) dt.17-06-2026
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was not apprehended at the spot and nothing has been recovered
from his conscious possession. It has further been submitted that
the recovery has been made from an open place and the same is
accessible to all. It has also been submitted that the procedure
prescribed under Sections 103/105 of the B.N.S.S. has not been
followed. It has also been submitted that the petitioner has got
two criminal antecedents of similar nature of offence but he is
on bail in both the cases. Lastly, it has been submitted that the
petitioner is in custody since 10.05.2026.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the above facts and circumstances of
the case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Saran, in connection with Town P.S.
Case No. 404 of 2026.
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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