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Patna High Court

Pankaj MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                                      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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