Patna High Court
Pankaj MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Pankaj Mahto, was arrested on 7 May 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 121.68 litres of illicit liquor. He claimed to be a daily wage worker‑cum‑driver with no involvement in the alleged offence and asserted a clean antecedent. The petitioner’s counsel offered to donate Rs. 25,000 to a charitable organization and sought regular bail, while the State opposed the application. After considering the custody period, the nature of the offence, and the petitioner’s submissions, the Court allowed the bail application. The Court directed release on bail with a Rs. 10,000 bond, two sureties of equal amount, and imposed conditions including a Rs. 25,000 donation, periodic police station attendance, and verification of antecedents, noting that these observations are prima facie and not substantive to the trial.
Issues considered
- Whether regular bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioner’s antecedents.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal antecedent
- regular bail
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40561 of 2026
Arising Out of PS. Case No.-173 Year-2026 Thana- JALALPUR District- Saran
======================================================
Pankaj Mahto S/O Tilak Mahto R/O Village - Goraiya Chapra, P.S- Revilganj,
District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha
For the Opposite Party/s : Mr. Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Jalalpur P.S. Case No. 173 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 121.680 liters of illicit
liquor have been recovered from the dickey and beneath the seat
of the car in question. The petitioner is in custody since
07.05.2026 and claims clean antecedent.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. Learned
counsel further submits that the petitioner is merely a daily
Patna High Court CR. MISC. No.40561 of 2026(2) dt.24-06-2026
2/3
wage worker-cum-driver of the vehicle in question and has no
connection with the alleged offence. It is further submitted that
the petitioner undertakes to donate a sum of Rs. 25,000/-
(Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Jalalpur P.S. Case
No. 173 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Ashrama, Latu Maharaj
Path, opposite Circuit House, Chapra, Bihar, and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
Patna High Court CR. MISC. No.40561 of 2026(2) dt.24-06-2026
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receipt.
(ii). The petitioner shall mark his
attendance at Revilganj Police Station on every 1st
and 3rd Sunday of each month. In the event of
default, the bail bonds shall be liable to be
cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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