Patna High Court
Indrajeet Mahto @ Indrjit MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to specified conditions.
Summary
Indrajeet Mahto was arrested as the driver of a vehicle from which 406.740 litres of liquor were seized, and charged under Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no knowledge of the contraband, that no incriminating material was found on him, and that he was merely a driver. He also pointed out the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and his single prior criminal antecedent. The State opposed bail. Considering the facts, the period of custody, and the lack of direct evidence against the petitioner, the Court inclined to grant bail, imposing a cash bond of Rs. 15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged possession of large quantities of liquor under the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act.
- Whether the failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 bars the grant of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- liquor seizure
- driver liability
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7769 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- BHAIRAVSHTHAN District-
Madhubani
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Indrajeet Mahto @ Indrjit Mahto S/O Baun Mahto Resident of Village-
Naghoghi @ Narghoghi, ward No. 01, P.S.- Sarai Ranjan, Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anish Kumar, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, A.P.P.
======================================================
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
Bhairavsthan P.S. Case No. 175 of 2025, instituted for the
offences punishable under Sections 274, 275 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 406.740
liters liquor was recovered from car. Petitioner was arrested on
the 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
Patna High Court CR. MISC. No.7769 of 2026(2) dt.10-02-2026
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the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner is driver of the vehicle and
he has no knowledge regarding the goods loaded in the vehicle.
The petitioner is in custody since 22.12.2025 and has got one
criminal antecedent. 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 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 Bhairavsthan P.S.
Case No. 175 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
Patna High Court CR. MISC. No.7769 of 2026(2) dt.10-02-2026
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(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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