Patna High Court
Upendra MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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
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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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