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Patna High Court

Deepak Mahto @ Deepak MahatoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Deepak Mahto, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession and sale of 45 litres of illicit country-made liquor. He contended that he was falsely implicated on the complaint of a chowkidar and that the search and seizure violated Sections 103 and 105 of the Bihar Narcotic Substances Act. The petitioner also highlighted his lack of prior criminal record and that the seized liquor was not found in his conscious possession. The State opposed the bail application, arguing the seriousness of the offence. After considering the facts, the court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, thereby allowing the bail application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the search and seizure conducted violated Sections 103 and 105 of the Bihar Narcotic Substances Act.
  • Whether the petitioner’s lack of prior criminal record and the circumstances of the case justify granting bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • search and seizure
  • false accusation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39139 of 2026
                        Arising Out of PS. Case No.-205 Year-2026 Thana- GARKHA District- Saran
                 ======================================================
                 Deepak Mahto @ Deepak Mahato S/O Karim Mahto @ Kariman Mahto R/O
                 Village - Phulwariya, P.S- Garkha, District- Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :       Mr. Dr. Mrityunjaya Kr. Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Garkha P.S. Case No.

                   205 of 2026 dated 24.02.2026 registered for the offences

                   punishable under Section 30(a) of Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. As per the prosecution case, petitioner and co-

                   accused persons fled away from the place of occurrence, after

                   seeing the police party and from there altogether 45 litres of

                   country made liquor was recovered.

                                4. Learned counsel for the petitioner has submitted

                   that petitioner has been falsely made an accused in this case at

                   the instance of chowkidar. It has further been submitted that
           Patna High Court CR. MISC. No.39139 of 2026(2) dt.17-06-2026
                                                       2/2




                     search and seizure is in violation of Section 103/105 of the

                     B.N.S.S. It has further been submitted that nothing has been

                     recovered from the conscious possession of the petitioner. It has

                     further been submitted that petitioner has got no criminal

                     antecedent. It has lastly been submitted that petitioner is in

                     custody since 23.04.2026.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for bail of the petitioner.

                                  6. Heard the parties and perused the records.

                                  7. Considering the facts and circumstances of the

                     case, the petitioner above-named is directed to be enlarged on

                     bail on furnishing bail-bond 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 Garkha P.S. Case No.205 of 2026.

                                  8. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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