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Patna High Court

Mantu KoraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specified conditions.

Summary

Petitioner Mantu Kora was arrested on 19-10-2025 in connection with a 2021 case involving the alleged illegal manufacture and possession of 4100 litres of Mahua liquor, charged under Sections 30(a), (b), (c) of the Bihar Prohibition and Excise Act and Sections 272, 273 and 34 of the IPC. The petitioner claimed he was falsely implicated, asserting that the only evidence against him was the confessional statement of a co-accused, Jaya Bind, and that no other material linked him to the seizure. The prosecution opposed bail, highlighting four prior similar criminal antecedents, though noting the petitioner was already on bail in those matters. The court considered the lack of direct evidence, the petitioner’s claim of innocence, and the nature of the prior offences, and decided to grant bail. Bail was ordered on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bihar Prohibition and Excise Act and IPC.
  • Whether the confessional statement of a co‑accused constitutes sufficient material to justify continued detention.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal antecedents
  • confessional statement
  • Indian Penal Code
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86638 of 2025
                     Arising Out of PS. Case No.-136 Year-2021 Thana- CHANAN District- Lakhisarai
                 ======================================================
                 Mantu Kora S/O Ramdeo Kora R/O Village - Baskund, P.S - Chanan,Dist-
                 Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rabi Bhushan, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   27-01-2026                        Heard Mr. Rabi Bhushan, learned counsel for the

                   petitioner and Mr. Sanjay Kumar Tiwary, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   19.10.2025 in connection with Chanan P.S. Case No. 136 of

                   2021, F.I.R. dated 03.12.2021 for the offences punishable under

                   Sections 30(a) (b) (c) of Bihar Prohibition and Excise Act and

                   Sections 272, 273 and 34 of the IPC.

                               3. Recovery is of 4100 liters of country made Mahua

                   liquor.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. The allegation as alleged in the F.I.R is false and

                   fabricated and the petitioner has not committed any offence as
Patna High Court CR. MISC. No.86638 of 2025(2) dt.27-01-2026
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          alleged in the F.I.R. He further submits that it appears from the

          F.I.R as well as seizure list that the recovery has been made

          from the mountain area which is an open place and this

          petitioner has no concern at all from the recovery of illicit liquor

          and he has been made accused on the basis of confessional

          statement of the apprehended co-accused, namely, Jaya Bind

          and except the aforesaid, no other cogent material has come

          during investigation which suggest that the petitioner is

          involved in the present occurrence. He further submits that the

          police after investigation submitted the charge sheet against the

          petitioner. The petitioner is in custody since 19.10.2025.

                      5.    Learned       Additional       Public   Prosecutor   has

          vehemently opposed the prayer for bail of the petitioner on the

          ground that petitioner carries four criminal antecedents of

          similar nature other than the present one but fairly submits that

          he is on bail in all the pending cases.

                       6. Considering the aforesaid facts and circumstances,

          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 Additional

          District & Sessions Judge-IV-cum-Special Excise Court-1st,

          Lakhisarai in connection with Chanan P.S. Case No. 136 of
            Patna High Court CR. MISC. No.86638 of 2025(2) dt.27-01-2026
                                                        3/3




                      2021, subject to the following conditions:-

                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the 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.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T


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