Patna High Court

Shivnarayan MahtoversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner.

Summary

The petitioner, Shivnarayan Mahto, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 36 litres of country-made liquor recovered from his motorcycle. He claimed innocence, stating that no incriminating material was found in his conscious possession and that he was falsely implicated by the police, with no prior criminal record. The prosecution opposed bail, while the petitioner argued non‑compliance with Section 103 of the BNSS, 2023. Considering the facts, the duration of custody, and the lack of evidence directly linking the petitioner to the liquor, the court inclined to grant bail. The bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the prosecution complied with the procedural requirements of Section 103 of the BNSS, 2023.
Whether the accused poses a risk of fleeing or tampering with evidence.

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
false implication
police procedure
Section 103 BNSS
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.817 of 2026
                    Arising Out of PS. Case No.-237 Year-2024 Thana- KHANPURA District- Samastipur
                 ======================================================
                 Shivnarayan Mahto Son of Late Mohar Mahto @ Late Mohan Mahto
                 Resident of Village- Buzurg Dwar, Ward NO 11, PS- Khanpur Dist
                 -Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raja Ram Mishra, Adv.
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, 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 Khanpur PS

                   Case No. 237 of 2024 instituted for the offences under Section

                   30(a) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 36 liters of country

                   made liquor was recovered from the motorcycle.

                           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

                   for the petitioner submits that the name of petitioner transpired as
           Patna High Court CR. MISC. No.817 of 2026(2) dt.19-01-2026
                                                       2/2




                     owner of the said motorcycle and has been falsely implicated in

                     this case by the police with ulterior motive. The petitioner is in

                     custody since 06.09.2025 and has got no criminal antecedent.

                     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 Khanpur PS Case No. 237 of 2024,

                     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

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.

                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T

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