Created by Fuzzy Cloud

Patna High Court

Shankar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to regular bail and ordered his release upon furnishing the prescribed bail bond and sureties.

Summary

Shankar Mahto was arrested in connection with the recovery of 300 litres of illicit liquor from his joint house, alleged to be an offence under Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner contended that he had no incriminating material in his possession and was innocent, having been in custody since 26‑09‑2024 with charges framed on 01‑09‑2025. The State opposed the bail application, arguing the seriousness of the offence. The Court considered the nature of the accusation, the length of custody, and the fact that charges had already been framed, and decided to grant regular bail. The petitioner was ordered to be released on a bail bond of Rs 10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition & Excise Act given the nature of the offence, period of custody, and framing of charge?

Subjects

  • regular bail
  • Bihar Prohibition & Excise Act
  • illicit liquor
  • Section 30(a)
  • criminal procedure
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70005 of 2025
                        Arising Out of PS. Case No.-244 Year-2019 Thana- NADI P.S. District- Patna
                 ======================================================
                 Shankar Mahto Son of Jimdari Mahto R/o Village - Gulmahiyachak,
                 Sabbalpur, P.S. - Nadi, Dist. - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :        Ms. Sangeeta Sharma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-03-2026                    Heard learned counsel for the parties.

                                2. Petitioner seeks regular bail in connection with

                   Special Case No. 8881 of 2019 arising out of Nadi P. S. Case

                   No. 244 of 2019 registered for the offence punishable under

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

                                3. As per prosecution case, 300 liters illicit liquor was

                   recovered from the house of this petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. No

                   incriminating material has been recovered from conscious

                   possession of the petitioner and he is no way connected with the

                   aforesaid recovery. Recovery was made from joint house.

                   Petitioner is in custody since 26.09.2024 and charge has already

                   been framed on 01.09.2025.
              Patna High Court CR. MISC. No.70005 of 2025(2) dt.11-03-2026
                                                          2/2




                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation, period of

                        custody and the fact that charge has been framed, this bail

                        application is allowed. The petitioner, above named, is directed

                        to 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 Special Judge Excise, Patna City,

                        Patna in connection with Special Case No. 8881 of 2019 arising

                        out of Nadi P. S. Case No. 244 of 2019.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.