Patna High Court
Satya Narayan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act — s. 103, 105, 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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
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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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