Patna High Court
Mukesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Mukesh Mahto was arrested in connection with a case (Bheldi PS Case No. 329 of 2025) alleging that 62 litres of country‑made liquor were recovered from a sack, contravening Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no possession of the liquor, that the recovery was from an open place, and that no incriminating material was found on him, although he had one prior criminal antecedent and had been in custody since 18‑12‑2025. The State opposed bail, while the petitioner’s counsel highlighted the lack of material evidence and non‑compliance with Section 103 of the BNSS, 2023. Considering the circumstances, the court found no compelling reason to keep the petitioner detained and ordered bail. The petitioner was released on a bail bond of Rs.15,000 with two sureties of the same amount each.
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, custody period, and prior antecedent.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7369 of 2026
Arising Out of PS. Case No.-329 Year-2025 Thana- BHELDI District- Saran
======================================================
Mukesh Mahto Son of Manik Chand Mahto @ Larai Mahto Resident of Murli
Sirsiya, P.S.- Bheldi, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Bheldi
PS Case No. 329 of 2025 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 62 liters
country made liquor was recovered from sack.
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. It is submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.7369 of 2026(2) dt.10-02-2026
2/2
and all. The petitioner is in custody since 18.12.2025 and has
got one criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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 on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bheldi PS Case No.
329 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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