Patna High Court
Shravan Mahto @ Shravan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner.
Summary
Shravan Mahto was charged under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(A) of the Bihar Prohibition and Excise Act for allegedly recovering 450 litres of liquor from a public place. He applied for bail, asserting a clean antecedent, that the liquor was not in his possession, and that he was falsely implicated by a hostile chowkidar. The State opposed the bail on the ground of the seriousness of the offences. The Court examined the petitioner's claim of innocence and lack of any material seized from him, and found no reason to deny bail. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner in offences punishable under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and Section 30(A) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of alleged recovery of liquor and the petitioner's clean antecedent justify bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- false implication
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8354 of 2026
Arising Out of PS. Case No.-13 Year-2025 Thana- LAKHNAUR District- Madhubani
======================================================
Shravan Mahto @ Shravan Kumar S/O Late Basudev Mahto Resident of
Village- Sonar Patti, P.S- Lakhnaur, District- Madhubani, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sumit Kumar Jha
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 274, 275 and 3(5) of BNS
and Section 30(A) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 450 litres of liquor from a place near a road. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
even alleged recovery is from a place which does not belong to
the petitioner and is accessible to public at large and he came to
be implicated at the instance of chowkidar with whom he is on
an inimical term. It is also submitted that if chowkidar was
Patna High Court CR. MISC. No.8354 of 2026(2) dt.27-02-2026
2/2
aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to institution of the
instant FIR which casts an aspersion on the case of the
prosecution. It is also submitted that it appears that the
chowkidar in order to save the real culprit falsely implicated the
petitioner, when petitioner admittedly is a person with clean
antecedent.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Lakhnaur
P.S. Case No.13 of 2025.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…