Patna High Court

Mantu SinghversusThe State of Bihar

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

Holding

The Court held that bail must be granted to the petitioners.

Summary

The petitioners, Mantu Singh and Saurav Kumar, applied for bail in a case (PS‑258/2025) concerning the alleged possession of 82.875 litres of liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that the liquor was recovered from a motorcycle registered in the name of petitioner‑1, while the defence argued that neither petitioner had the liquor in their conscious possession and that petitioner‑2 was implicated only on suspicion. The petitioners had been in custody since 25‑12‑2025; petitioner‑1 had a pending criminal antecedent on bail, whereas petitioner‑2 had none, and there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the Court, after considering the lack of incriminating material, the short period of custody, and the circumstances of the case, decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Whether the petitioners' alleged involvement, prior antecedent of petitioner‑1, and the nature of the evidence justify refusal of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 30(a)
Section 103
suspicion
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6000 of 2026
                    Arising Out of PS. Case No.-258 Year-2025 Thana- DALMIYA NAGAR SAHAYAK
                                                     District- Rohtas
                 ======================================================
           1.     Mantu Singh son of Late Alok Singh Resident of Village- Rattu Bigha, P.S-
                  Dalmia Nagar, District- Rohtas
           2.     Saurav Kumar @ Bhanu @ Saurav Suman Son of Bijendra Singh @ Jitendra
                  Kumar Singh Resident of Village- Rattu Bigha, P.S- Dalmia Nagar, District-
                  Rohtas
                                                                             ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Shashi Kant, Advocate
                 For the Opposite Party/s :     Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                            Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek bail in connection with

                   Dalmianagar P.S. Case No. 258 of 2025, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that 82.875 liters

                   liquor was recovered from motorcycle.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have

                   got no concern with the alleged recovery of liquor. Learned
             Patna High Court CR. MISC. No.6000 of 2026(2) dt.31-01-2026
                                                         2/2




                       counsel for the petitioners also submitted that the petitioners

                       were not arrested on spot. Name of petitioner no. 1 has

                       transpired as being registered owner of the motorcycle in

                       question and petitioner no. 2 has been implicated only on the

                       basis of suspicion. The petitioners are in custody since

                       25.12.2025. Petitioner no. 1 has got one criminal antecedent in

                       which he is on bail and petitioner no. 2 has got no criminal

                       antecedent. There is no compliance of Section 103 of the

                       Bharatiya Nagarik Suraksha Sanhita, 2023.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioners.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and the period of custody undergone by the

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

                                    7. Let the petitioners be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                       two sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Dalmianagar P.S.

                       Case No. 258 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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