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Patna High Court

Mantun Mahto @ MetroversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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