Patna High Court
Pappu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner with a bond of Rs.10,000 and two sureties, subject to attendance conditions and antecedent verification.
Summary
The petitioner, Pappu Mahto, was arrested in connection with the recovery of 81 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016. He claimed innocence, asserted that he had no prior criminal record, and had been in custody since 16 May 2026. The State opposed his bail application. The Court, after considering the facts and the petitioner's clean antecedent, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to conditions of regular attendance at the police station and verification of his antecedent. The bail order also stipulated cancellation of the bond upon default. The petition was thus disposed with bail granted.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016 considering the nature of the offence and the petitioner’s claim of innocence and clean antecedent.
Legislation cited
Subjects
- bail
- illicit liquor
- excise law
- Section 30(a)
- criminal procedure
- antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42453 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- Excise Benipatti District- Madhubani
======================================================
Pappu Mahto S/O Shri Narayan Mahto Resident Of Village- Mukhiyapatti,
Ward No.- 6, P.s.- Shaharghat, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha
For the Opposite Party/s : Mr.Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 02-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Benipatti Excise P.S. Case No. 115 of 2026 corresponding to
G.O. No. 1337 of 2026 registered for the offence under Section
30(a) of the Bihar Prohibition and Excise Amendment Act,
2016.
3. The recovery is of 81 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case.
5. Learned counsel for the petitioner next submits
that the petitioner is in custody since 16.05.2026 and he has no
criminal antecedent.
Patna High Court CR. MISC. No.42453 of 2026(2) dt.02-07-2026
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 Banipatti P.S. Case No. 115 of
2026 / G.O. No. 1337 of 2026.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Saharghat Police Station on first and third Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of 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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