Patna High Court
Hira Mahto @ Hiralal MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Hira Mahto, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly selling 25 litres of illicit liquor. He has been in custody since 18 May 2026 and claims he is innocent, offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed his application for regular bail. The High Court, after considering the custody period, the petitioner’s claim of a clean antecedent, and the submissions of counsel, allowed the bail application. The court ordered his release on a bail bond of Rs. 10,000 with two sureties, conditioned on the donation, monthly attendance at the police station, and verification of his clean antecedent.
Issues considered
- What is the appropriateness of granting regular bail to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the petitioner’s clean antecedent and willingness to make a charitable donation justify bail despite the seriousness of the offence?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- clean antecedent
- charitable donation
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44658 of 2026
Arising Out of PS. Case No.-153 Year-2026 Thana- RASULPUR District- Saran
======================================================
Hira Mahto @ Hiralal Mahto S/o Late Jangi Mahto R/o Village - Asahani
Tole, Vanshi Chapra, PS - Rasulpur, District - Saran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Sahay, Advocate
Ms. Rishika Arya, Advocate
Ms. Adya, Advocate
Mr. Arif Daula Siddiquie
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Rasulpur P.S. Case No. 153 of
2026, registered for offences punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the petitioner along
with others is accused of selling illicit liquor. Upon search, 25
liters of illicit liquor have been recovered from spot. The
petitioner is in custody since 18.05.2026 and claims clean
antecedent.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.44658 of 2026(2) dt.09-07-2026
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petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Rasulpur P.S. Case
No. 153 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand only) with
Ramakrishna Mission Ashrama, Latu Maharaj Path,
opposite Circuit House, Chapra, Bihar, and shall
produce a valid receipt thereof before the court below.
The bail bonds shall be accepted only after verification
of the genuineness of the said receipt.
Patna High Court CR. MISC. No.44658 of 2026(2) dt.09-07-2026
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(ii). The petitioner shall mark his
attendance at Rasulpur Police Station on every 1st
Sunday of each month. In the event of default, the bail
bonds shall be liable to be cancelled.
iii) At the time of accepting the bail bonds of
the petitioner, the court below shall verify whether the
petitioner has a clean antecedent. The bail bonds shall
be accepted only if it is found that the petitioner has a
clean antecedent. However, it is made clear that the
acceptance of the bail bonds shall not be delayed on
the ground of, or in the name of, such verification.
During the process of verification, the petitioner shall
be released on interim bail and upon completion of
the verification, the court below shall pass an
appropriate order in accordance with law.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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