Patna High Court
Jitendra MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted regular bail to the petitioner, holding that the circumstances did not warrant continued detention.
Summary
The petitioner, Jitendra Mahto, applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly concealing 252 litres of illicit Nepali liquor. The prosecution’s case was based on an informant’s tip that the liquor was hidden in an open field belonging to Vijendra Pandey, and the petitioner was identified at the scene but not caught in possession of the liquor. The petitioner argued that he was falsely implicated, the seized liquor did not belong to him, the recovery was from a public place, and the statutory procedures under Sections 103/105 of the B.N.S.S. were not complied with; he also cited a pending criminal antecedent for which he was already on bail. The State opposed the bail on the ground of the seriousness of the offence and the petitioner’s antecedent. After hearing both sides, the Court considered the facts, the lack of direct possession, and procedural aspects, and ordered that the petitioner be released on 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 the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act despite the seizure of illicit liquor.
- Whether the procedural requirements of Sections 103 and 105 of the B.N.S.S. were complied with in the investigation.
- Whether the petitioner’s prior criminal antecedent affects the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 103, 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39136 of 2026
Arising Out of PS. Case No.-224 Year-2026 Thana- SURSAND District- Sitamarhi
======================================================
Jitendra Mahto S/o Siyalal Mahto R/o Village- Sursand Ashok Chowk, P.S-
Sursand, Dist- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, 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 Sursand P.S. case No.
224 of 2026 registered for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the informant received
an information regarding concealment of liquor in the open field
of one Vijendra Pandey. Thereafter, the informant reached the
said place and apprehended one person who disclosed his name
as Jitendra Mahto (petitioner). Upon search, altogether 252 litres
of illicit Nepali liquor was recovered from 7 gunny bags.
Patna High Court CR. MISC. No.39136 of 2026(2) dt.17-06-2026
2/3
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
admittedly the place of seizure does not belong to the petitioner
rather it belongs to one Vijendra Pandey. The recovery has been
made from an open place which is accessible to anyone. The
petitioner was not apprehended at the spot and nothing has been
recovered from the conscious possession of the petitioner. It has
also been submitted that the procedure prescribed under
Sections 103/105 of the B.N.S.S. has not been followed. Lastly,
it has been submitted that the petitioner has one criminal
antecedent in which he is on bail and he is in custody since
01.05.2026.
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)
each with two sureties of the like amount each to the satisfaction
of learned Court concerned, Sitamarhi, in connection with
Sursand P.S. case No. 224 of 2026.
Patna High Court CR. MISC. No.39136 of 2026(2) dt.17-06-2026
3/3
8. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
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