Patna High Court
Deepak Mahto @ Deepak MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bihar Narcotic Substances Act — s. 103, 105
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
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
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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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