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Patna High Court

Loha MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, Loha Mahto, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 17 litres of illicit liquor from his open courtyard. He contended that he had no knowledge of the liquor's presence, arguing that the space was accessible to anyone and that he was falsely implicated. The prosecution opposed bail, emphasizing the seriousness of the offence and the petitioner’s prior criminal record. The court considered the length of the petitioner’s pre‑trial custody, the lack of direct evidence linking him to the liquor, and his criminal antecedent. Weighing these factors, the court granted bail on a cash bond of Rs.10,000 with two sureties and imposed several conditions, including personal attendance at trial dates. The order also stipulated that any breach of conditions could lead to cancellation of bail.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case
  • Whether the petitioner’s alleged lack of knowledge of the liquor and the open nature of the courtyard negate the charge
  • Impact of the petitioner’s prior criminal antecedent on the bail decision

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • illicit liquor
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83014 of 2025
                      Arising Out of PS. Case No.-397 Year-2025 Thana- KHUSRUPUR District- Patna
                 ======================================================
                 Loha Mahto S/o- Late Muneshwar Mahto R/v- Hardas Bigha Ps- Khusrupur
                 Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Rai, Advocate
                 For the Opposite Party/s :       Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

3   06-01-2026                        Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. Petitioner, who is in custody, seeks bail in

                   connection with Khusrupur P.S. Case No. 397 of 2025 registered

                   for the offence(s) punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. As per the prosecution case, on the basis of secret

                   information received by the police that the petitioner was selling

                   liquor from his dalan, a raid was conducted and upon search a

                   total of 17 litres of chulai liquor was recovered from the dalan

                   of the petitioner.

                                4. The learned counsel for the petitioner submits that

                   the petitioner has been falsely implicated in the present case and
Patna High Court CR. MISC. No.83014 of 2025(3) dt.06-01-2026
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          has no concern whatsoever with the recovered liquor. It is

          contended that the dalan is an open space easily accessible to all

          and therefore the petitioner had no knowledge as to who had

          kept the said chulai liquor there or from where it had been

          brought. The learned counsel lastly submits that the petitioner

          has one criminal antecedent and he is in custody since

          19.10.2025.

                       5. The learned A.P.P. has vehemently opposed the

          prayer for bail.

                       6. Regard being had to the facts and circumstances of

          the case and taking note of the fact that the petitioner has

          remained in custody since 19.10.2025, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten thousand) with two sureties of the like amount

          each to the satisfaction of the learned court below where the

          case is pending/successor court in connection Khusrupur P.S.

          Case No. 397 of 2025, subject to the following conditions:-

                       (i) One of the bailors of the petitioner shall be his

          close relative and the other shall be the local resident.

                       (ii) The petitioner shall remain physically present in

          Court on each date of the trial.

                       (iii) In case of absence on two consecutive dates or in
               Patna High Court CR. MISC. No.83014 of 2025(3) dt.06-01-2026
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                         violation of the terms of the bail, the bail bond of the petitioner

                         will be liable to be cancelled by the court concerned.

                                      (iv) If the petitioner is found involved in similar

                         nature of offence in future, the prosecution shall be at liberty to

                         move for cancellation of his bail bond.

                                      (v) The learned Court below shall verify the criminal

                         antecedent of the petitioner and in case at any stage it is found

                         that the petitioner has concealed his criminal antecedent, the

                         court below shall take step for cancellation of bail bond of the

                         petitioner. However, the acceptance of bail bonds in terms of the

                         above-mentioned order shall not be delayed for purpose of or in

                         the name of verification.

                                      7. Accordingly, the prayer for bail is allowed.

                                      8. It is made clear that the observation, if any, made in

                         this order, shall be of no bearing during the trial.



                                                  (Sourendra Pandey, J)
aditya/-

U          T


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