Patna High Court
Manoj MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioners subject to monetary and attendance conditions.
Summary
Manoj Mahto and Kaushal Kumar were arrested for possession of 452.4 litres of illicit Nepali Sofi liquor, alleged to be an offence under section 30(a) of the Bihar Prohibition & Excise Act, 2022. The petitioners, who have no prior criminal record, applied for regular bail, claiming innocence and offering to donate Rs.25,000 each to a charitable organization. The State opposed the bail. The High Court, after considering the facts and submissions, allowed the bail application, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties and to deposit Rs.25,000 each with the Ramakrishna Mission Ashrama, producing the receipt. Additional conditions included attendance at designated police stations on a specified day each month, with non‑compliance leading to cancellation of bail. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether regular bail should be granted to the accused in a case under section 30(a) of the Bihar Prohibition & Excise Act, 2022 considering the nature of the offence and the petitioners' circumstances.
Legislation cited
- Bihar Prohibition & Excise Act, 2022 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- regular bail
- criminal procedure
- section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43685 of 2026
Arising Out of PS. Case No.-204 Year-2026 Thana- RIGA District- Sitamarhi
======================================================
1. Manoj Mahto Son of Late Ramashish Mahto R/o- Village- Maudah, P.S.-
Sahiyara, District- Sitamarhi, Bihar.
2. Kaushal Kumar Son of Prabhu Mahto Resident of Village- Ufrolia Tola,
P.S.- Riga, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dharmendra Kumar Paswan, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek regular bail in a case registered
for the offence under section 30(a) of the Bihar Prohibition &
Excise Act, 2022.
3. The recovery is of 452.400 litres of illicit Nepali
Sofi liquor from three motorcycles.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have no criminal antecedent. He
further submits that the petitioners are in custody since
12.05.2026 without any fault.
5. Learned counsel for the petitioners also submits
Patna High Court CR. MISC. No.43685 of 2026(2) dt.06-07-2026
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that the petitioners are ready to donate Rs.25,000/- each in some
charitable organization without accepting their guilt.
6. Learned APP appearing for the State opposes the
prayer of the petitioners for grant of bail.
7. Considering the facts and circumstances of the case
as well as the submissions of learned counsel for the petitioners,
this application is allowed.
8. Let the petitioners, above named, be released on
bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand Only) each with two sureties of the like amount each
to the satisfaction of learned Special Judge, Exclusive Excise
Court-01, Sitamarhi/ concerned Court below, in connection with
Riga P.S. Case No. 204 of 2026.
9. This is also subject to the condition that the
petitioners shall deposit an amount of Rs.25,000/- each in
Ramakrishna Mission Ashrama, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioners shall be accepted after verifying the
genuineness of the receipt produced by the petitioners.
10. As a condition of this order, the petitioner no. 1
after being released on bail, is directed to mark his attendance at
Sahiyara Police Station, District- Sitamarhi and petitioner no. 2
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after being released on bail, is directed to mark his attendance at
Riga Police Station, District- Sitamarhi on any one Sunday of
the month. Any default in appearance at the Police Station will
result in cancellation of bail bonds of the petitioners.
(Sandeep Kumar, J)
tusharika/-
U T
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