Patna High Court
Mantun Mahto @ MetroversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
Mantun Mahto was arrested in connection with a case alleging that 4.250 litres of country-made liquor were recovered from a polythene pack found in a graveyard. The FIR, filed under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, named the petitioner based solely on a statement by a local chowkidar, with no independent witnesses or seizure from his possession. The petitioner pleaded innocence and sought regular bail, arguing lack of direct evidence. The court examined the FIR, seizure list, and the fact that the liquor was not recovered from the petitioner’s possession, finding insufficient grounds to deny bail. Consequently, the court granted regular bail on a bond of Rs.10,000 with two sureties, subject to the petitioner’s appearance before the trial court on all dates.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 given the lack of direct evidence and independent witnesses.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- Section 30(a)
- criminal procedure
- evidence
- graveyard seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43569 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- BHADAUR District- Patna
======================================================
Mantun Mahto @ Metro, Male, aged about 37 years, Son of Late Gariban
Mahto, Resident of Village- Moti Bigha Bhadaur, P.S.- Bhadaur, District-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Bhadaur P.S. Case No. 53 of 2026 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Amendment Act, 2022.
3. As per allegation in the FIR, total 4.250 liters of
country made liquor has been recovered from a black coloured
polythene packed in a white coloured polythene recovered from
the Kabristan (graveyard).
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that the name of
the petitioner has been surfaced in this case only on the
Patna High Court CR. MISC. No.43569 of 2026(2) dt.08-07-2026
2/3
statement made by local Chowkidar of the village. He further
submits that nothing has been recovered from the conscious
possession of the petitioner. He next submits that the said wine
was recovered from the Kabristan (graveyard) and not from the
petitioner. Petitioner is in custody since 27.04.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, seizure list and impugned
order of the learned Exclusive Special Judge Excise, Barh Patna
dated 16.05.2026, it appears that petitioner is named in the FIR.
From perusal of the records, it appears that on the basis of
written report of the informant, FIR has been registered under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2022 against the above named petitioner and the allegation
is of total 4.250 liters country made liquor has been recovered
from a black coloured polythene packed in a white coloured
polythene recovered from the Kabristan (graveyard). Petitioner
is not arrested at the spot and his name has been surfaced in this
case on the statement made by local chowkidar and there is no
independent witnesses of the seizure list, so considering all
these aspects of the case and submission of learned counsel for
the petitioner, I am inclined to grant regular bail to the above
Patna High Court CR. MISC. No.43569 of 2026(2) dt.08-07-2026
3/3
named petitioner.
7. Accordingly the prayer for regular bail of the
petitioner is allowed. Let the petitioner above named be
released on regular bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise Barh,
Patna in connection with Bhadaur P.S. Case No. 53 of 2026,
subject to the condition that the petitioner shall physically
present before the trial Court on each and every date as fixed by
the trial Court and if the petitioner is absented, his bail bonds
shall be cancelled.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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