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Patna High Court

Shiv Pujan MahtoversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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


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