Patna High Court
Mahesh Kumar @ Mahesh Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner.
Summary
Mahesh Kumar, the owner of a motorcycle from which 43.20 litres of liquor was seized, was charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He applied for bail, contending that he was falsely implicated, had no knowledge of the contraband, and that no incriminating article was found in his possession. The petitioner also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and noted his prior criminal antecedent. The State opposed the bail application. Considering the circumstances, including the period of custody and the petitioner's claim of non‑possession, the Court granted bail on the condition of a Rs.15,000 bond with two sureties. The order released the petitioner from custody pending further trial.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, affects the bail decision.
Legislation cited
Subjects
- bail
- prohibition act
- excise
- false implication
- vehicle ownership
- criminal antecedent
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.791 of 2026
Arising Out of PS. Case No.-507 Year-2025 Thana- BIRAUL District- Darbhanga
======================================================
Mahesh Kumar @ Mahesh Kumar Mahto Son of Biro Mahto @ Viro Mahto
Resident of Village - Hatikoti Mahvir Nagar, P.S.- Biraul, District -
Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Biral
P.S. Case No. 507 of 2025 instituted for the offences punishable
under Sections 30(a), 41 of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 43.20
litres of liquor was recovered from motorcycle.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that the name of the petitioner has transpired in this case merely
Patna High Court CR. MISC. No.791 of 2026(2) dt.19-01-2026
2/2
as being the owner of the vehicle in question and he had no
knowledge regarding the goods loaded in the vehicle. The
petitioner is in custody since 07.12.2025 and has one criminal
antecedent. There is no compliance of Section 103 of the
Bharatiya Nagarika 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 as also 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 Biral P.S. Case No.
507 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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