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Patna High Court

Krishana Mahto @ Krishna MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Krishana Mahto was arrested on 7 June 2026 in connection with a case involving the alleged possession and recovery of 180 litres of illicit country liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that the liquor was seized from co‑accused and not from his conscious possession, and that the seizure list violated Sections 103 and 105 of the Bihar Narcotic and S... Act, 2023. The prosecution opposed bail, citing nine prior criminal antecedents, though noting the petitioner was already on bail in other matters. The High Court considered the factual matrix, the alleged procedural lapses, and the antecedents, and ordered that bail be granted on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of antecedents. The order directed that the bail bond not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering alleged non‑possession of the seized liquor.
  • Whether the alleged non‑compliance with Sections 103/105 of the Bihar Narcotic and S... Act, 2023, warrants denial of bail.
  • Whether the petitioner’s nine prior criminal antecedents justify refusal of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal antecedents
  • procedural lapse
  • Section 103
  • Section 105
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44034 of 2026
                  Arising Out of PS. Case No.-355 Year-2026 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Krishana Mahto @ Krishna Mahto Son of Ramji Mahto Resident of Village -
                 Hasanpurwa (Chanchaura), P.S.- Chapra Muffasil, District - Saran, Bihar.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Shweta Anand, Advocate
                 For the Opposite Party/s :      Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   07-07-2026                     Heard Ms. Shweta Anand, learned counsel for the

                   petitioner and Mr. Nand Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   07.06.2026 in connection with Chapra Mufassil P.S. Case No.

                   355 of 2026, F.I.R. dated 26.05.2026 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                               3. Recovery is of 180 liters of illicit country liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case on the basis of disclosure made by the local

                   chowkidar. She further submits that as per the allegation in the

                   FIR, this petitioner along with other accused person escaped

                   from the place of occurrence and it also appears from the F.I.R.
Patna High Court CR. MISC. No.44034 of 2026(2) dt.07-07-2026
                                            2/3




          as well as seizure list that nothing has been recovered from the

          conscious possession of the petitioner rather the recovery has

          been made from the co-accused persons. It appears from the

          seizure list that seizure list witnesses are police personnel, so

          there is non-compliance of Section 103/105 of the BNSS, 2023.

          The petitioner is in custody since 07.06.2026.

                      5 The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that the petitioner carries nine criminal antecedents other

          than the present one but fairly submits that he is on bail in all

          the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned 1st

          Special Judge Excise, Saran at Chapra in connection with

          Chapra Mufassil P.S. Case No. 355 of 2026 subject to the

          following conditions:-

                        i. Petitioner shall co-operate in the trial and shall be

           properly represented on each and every date fixed by the court

           and shall remain physically present as directed by the court and

           on his absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.44034 of 2026(2) dt.07-07-2026
                                                        3/3




                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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