Patna High Court
Mantu KoraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 272, 273, 34
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
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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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