Patna High Court
Shiv Pujan MahtoversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Shiv Pujan Mahto, was arrested in connection with the seizure of 80 litres of illicit liquor, 75 litres of which were semi‑processed, under Section 30(a) of the Bihar Prohibition Excise Amendment Act, 2022. He applied for bail, claiming innocence, a clean antecedent, and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. After considering the facts and submissions, the Court granted bail on the condition that the petitioner furnish a bail bond of Rs. 10,000 with two sureties of the same amount, deposit Rs. 25,000 with the Ramakrishna Mission Ashram, and produce the receipt. The Court also directed verification of the petitioner’s antecedent before accepting the bail bonds. Consequently, the petitioner was ordered to be released on bail subject to these conditions.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition Excise Amendment Act, 2022.
- Whether the conditions imposed, including monetary deposit and antecedent verification, are appropriate for bail.
Legislation cited
Subjects
- bail
- prohibition law
- illicit liquor
- Section 30(a)
- Bihar
- criminal procedure
- clean antecedent
- surety
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39783 of 2026
Arising Out of PS. Case No.-111 Year-2026 Thana- Gaura P.S. District- Saran
======================================================
Shiv Pujan Mahto S/O Late Dhuniya Mahto Resident Of Village- Mothha Tar
Par, P.s- Gaura, Dist - Saran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary
For the Opposite Party/s : Mr.Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Gaura
P.S. Case No. 111 of 2026 registered for the offence under
Section 30(a) of the Bihar Prohibition Excise Amendment Act,
2022.
3. The total recovery is of 80 liters of illicit liquor out
of which 75 liters was found to be semi-processed liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 12.05.2026.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt. The petitioner also
claims to have clean antecedent.
Patna High Court CR. MISC. No.39783 of 2026(2) dt.23-06-2026
2/2
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned concerned
Court below in connection with Gaura P.S. Case No. 111 of
2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Latu Maharaj Path, Chhapra and
produce the receipt of the same before the Court below. The bail
bonds of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.