Patna High Court

Hare Ram MahtoversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to monetary and procedural conditions.

Summary

The petitioner, Hare Ram Mahto, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 1.440 litres of liquor recovered from his shop. He claimed innocence, arguing that no liquor was found in his conscious possession and that the police implicated him on extraneous grounds, despite having four prior criminal convictions and a lack of compliance with Section 103 of the BNSS, 2023. The State opposed bail, but the court considered the facts, the period of custody since 2 January 2026, and the petitioner’s antecedents. The court decided to grant bail, imposing a cash bond of Rs.15,000 with two sureties and conditions regarding family surety and appearance in court. The bail order was issued subject to cancellation if the petitioner defaults on two consecutive appearances.

Issues considered

Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents.
Whether non‑compliance with Section 103 of the BNSS, 2023, bars the grant of bail.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
criminal antecedents
Section 103 BNSS
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5992 of 2026
                        Arising Out of PS. Case No.-1 Year-2026 Thana- Bajitpur District- Darbhanga
                 ======================================================
                 Hare Ram Mahto S/O Kailash Mahto @ Late Kailash Mahto R/O Village-
                 Wajitpur (Bazidpur), P.S - Wajitpur (Bajitpur), District - Darbhanga, (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Vinay Kumar Mishra, Advocate
                 For the Opposite Party/s :         Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Wajitpur (Bajitpur) PS Case No. 01 of 2026 instituted for the

                   offences under Section/s 30(a) of the Bihar Prohibition and

                   Excise Act.

                           3.       The prosecution case, in short, is that 1.440 liters

                   liquor was recovered from petitioner’s shop.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. It is submitted
           Patna High Court CR. MISC. No.5992 of 2026(2) dt.31-01-2026
                                                       2/2




                     that police party has implicated the petitioner on extraneous

                     consideration. The petitioner is in custody since 02.01.2026 and

                     has got four criminal antecedent/s. There is no compliance of

                     Section 103 of the BNSS, 2023.

                             5.      Learned A.P.P. for the State has vehemently

                     opposed the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                             7.      Let the petitioner be released on bail on furnishing

                     bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Wajitpur (Bajitpur)

                     PS Case No. 01 of 2026, subject to the following conditions:

                             (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                             (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-
U      T

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