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Patna High Court

Upendra MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Upendra Mahto, was arrested on 30 August 2025 for alleged possession of 8 litres of liquor recovered from an open area near a riverbank, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, arguing that the liquor was in a public place, no incriminating material was found on his person, and his arrest was based solely on suspicion without compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court considered the lack of direct evidence, the public nature of the recovery site, and the petitioner’s custody period. The court decided to grant bail, subject to a bond of Rs. 15,000 with two sureties and conditions regarding family surety, appearance in court, non‑repetition of offence, and restriction on leaving the jurisdiction. The bail order was issued pending framing of charge, if not already done.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the arrest made solely on suspicion, without compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justifies denial of bail.
  • Whether the public nature of the liquor recovery site affects the evidentiary basis for continued detention.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • suspicion
  • Section 103
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73339 of 2025
                        Arising Out of PS. Case No.-190 Year-2025 Thana- KHAIRA District- Saran
                 ======================================================
                 Upendra Mahto S/O Late Ramnath Mahto R/O Vill.- Bhikhampur, P.S.-
                 Khaira, Dist.- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Kumar Yadav, Advocate
                 For the Opposite Party/s :       Mr. Upendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   31-01-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with Khaira

                   P.S. Case No. 190 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 08 liters

                   liquor was recovered from an open place near the bank of river

                   and the petitioner was arrested on spot.

                                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. Learned counsel
Patna High Court CR. MISC. No.73339 of 2025(5) dt.31-01-2026
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          for the petitioner also submitted that the alleged recovery has

          been made from an open place and the same is easily accessible

          to the public at large. It is further submitted that the petitioner

          has been arrested only on the basis of suspicion. The petitioner

          is in custody since 30.08.2025 and has got seven criminal

          antecedents. 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 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 after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Khaira P.S. Case No. 190 of 2025,

          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
             Patna High Court CR. MISC. No.73339 of 2025(5) dt.31-01-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.

                                    (III) If the petitioner is found involved in similar

                       nature of offence in future, the Trial Court will have the liberty

                       to cancel the bail bonds of the petitioner.

                                    (IV) The petitioner will not leave the territorial

                       jurisdiction of the Court below without its prior permission for

                       the same.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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