Patna High Court
Navin MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a bond and a monetary deposit.
Summary
The petitioner, Navin Mahto, was arrested in connection with a case involving the recovery of 175 litres of illicit liquor and charged under Sections 30(a), 30(c), 30(d) and 41(1) of the Bihar Prohibition and Excise Act. He claimed innocence, stating that no liquor was found in his conscious possession and that he had been falsely implicated. The petitioner offered to donate Rs. 25,000 to a charitable organization without admitting guilt, while the State opposed his bail. The court examined the circumstances, noting the lack of direct possession and the petitioner’s willingness to provide a financial guarantee. It granted bail on the condition of a Rs.10,000 bond with two sureties and the deposit of Rs.25,000 with the Ramakrishna Mission Sevashrama, subject to verification of the receipt. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for the alleged offences
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(c), 30(d), 41(1)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43727 of 2026
Arising Out of PS. Case No.-191 Year-2026 Thana- MADHUBAN District- East Champaran
======================================================
Navin Mahto Son of Bindeshwar Mahto Resident of Village- Bhelwa, P.S.-
Madhuban, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the State : Mr.Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Madhuban P.S. Case No. 191 of 2026 registered for the offence
punishable under Sections 30(a), 30(c), 30(d) and 41(1) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
175 litres of illicit liquor from the alleged place of occurrence.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing has been recovered from the conscious
possession of the petitioner. The petitioner is in custody since
19.05.2026.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.43727 of 2026(2) dt.06-07-2026
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petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
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 Exclusive
Special Excise Court No.-3, Motihari, East Champaran/
concerned Court below in connection with Madhuban P.S. Case
No. 191 of 2026.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar and produce the receipt of the same
before the Court below. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by the petitioner.
9. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
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any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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