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Patna High Court

Satya Narayan MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Satya Narayan Mahto was arrested on 3 May 2026 in connection with a case involving alleged possession of 180 litres of Nepali liquor seized during a border patrol, under Sections 274 and 275 of the Bihar Narcotic Substances Act (BNSS) and Section 30(a) of the Bihar Prohibition and Excise Act. The informant, an Assistant Sub‑Inspector, filed a petition leading to the FIR and the seizure, but no independent witnesses were present and the seizure list was prepared solely by police personnel, raising concerns under Sections 103 and 105 of the BNSS. The petitioner contended that he was falsely implicated and that the liquor was not found in his conscious possession. The State opposed bail, citing a prior case, though the petitioner was already on bail in that matter. The High Court, after considering the facts, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner for offences under Sections 274 and 275 BNSS and Section 30(a) Bihar Prohibition and Excise Act.
  • Whether the seizure and arrest complied with mandatory provisions of Sections 103 and 105 of the BNSS.
  • Whether the petitioner’s prior criminal antecedent warrants denial of bail.

Legislation cited

Subjects

  • bail
  • narcotic substances
  • prohibition and excise
  • seizure procedure
  • police testimony
  • sections 103
  • sections 105
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40734 of 2026
                   Arising Out of PS. Case No.-73 Year-2026 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Satya Narayan Mahto Son of Ram Prit Mahto Resident of Village- Balawa,
                 P.S.- Madhwapur, District- Madhubani

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shailendra Kumar Jha
                 For the Opposite Party/s :      Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   29-06-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   03.05.2026 in connection with Madhwapur P.S. Case No. 73 of

                   2026 for the offences punishable under Sections 274 and 275

                   B.N.S. and Section 30(a) of Bihar Prohibition and Excise Act.

                               3.     According to prosecution case, the informant

                   namely, Dheeraj Patel, son of Shiv Shambhu Singh, who is

                   presently posted as A.S.I. of Madhwapur Police Station. He

                   filed a written petition before the S.H.O. Madhwapur Police

                   Station Madhubani and on the basis of his written petition F.I.R.

                   lodged by the S.H.O. against the petitioner Levelled allegation

                   informant presently posted 48 Bahine Battalion SSB Jaynagar

                   Sananya BOP Binai On 02.05.2026 Informant alongwith three
Patna High Court CR. MISC. No.40734 of 2026(2) dt.29-06-2026
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          associated police force proceeded patrolling Border Pillar

          NO.293/1 towards India Side village Brahmpur. During

          patrolling one person coming India side loaded sack on his

          head. That the informant saw the person started fleeing away

          left his Back Naka party chased and arrested to the petitioner,

          Nepali Shofi liquor kept in sack. That two independent witness

          not present on the spot but two constables made seizure list

          witness total 180 litre Nepali country made liquor was seized.

                      4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in the present case.

          Learned counsel for the petitioner submits that it appears from

          the FIR and seizure list that nothing has been recovered from

          the conscious possession of the petitioner rather the recovery

          has been made from the place of occurrence and altogether 180

          liters of liquor was recovered. It is next submitted that from

          perusal of the seizure list it appears that the seizure list

          witnesses are police personnel so there is non-compliance of

          mandatory provisions of Sections 103 and 105 of BNSS, 2023

          and petitioner is in custody since 03.05.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of one case other than the
Patna High Court CR. MISC. No.40734 of 2026(2) dt.29-06-2026
                                            3/4




          present case but fairly submits that the petitioner is on bail in the

          pending matter.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge, Excise Court, Madhubani in connection with

          Madhwapur P.S. Case No. 73 of 2026, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the
           Patna High Court CR. MISC. No.40734 of 2026(2) dt.29-06-2026
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                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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