Created by Fuzzy Cloud

Patna High Court

Jitendra MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          2/2




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.