Patna High Court
Shankar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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