Patna High Court

Bhola 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, Bhola Mahto, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 240 litres of liquor from an open place near a river. He claimed innocence, stating that his name was disclosed by a local watchman and no incriminating material was found in his possession. The petitioner also argued that the recovery site was publicly accessible and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the lack of direct evidence, the public nature of the recovery site, and the petitioner’s custody period, decided to grant bail. Bail was set at Rs. 15,000 with two sureties, subject to conditions including family surety and regular appearance before the trial court.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90157 of 2025
                  Arising Out of PS. Case No.-91 Year-2025 Thana- SAHODARA District- West Champaran
                 ======================================================
                 Bhola Mahto S/O Lalji Mahto R/O Village- Kamta Farm, P.S- Sahodara,
                 Dist.- West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :      Mr. Nand Kumar, 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

                   Sahodara P.S. Case No. 91 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that 240 liters

                   liquor was recovered from an open place near river.

                                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
Patna High Court CR. MISC. No.90157 of 2025(2) dt.19-01-2026
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          for the petitioner also submits that the petitioner was not

          arrested on spot. Name of the petitioner has transpired in this

          case on the basis of disclosure made by local chaukidar. It is

          further submitted that the alleged recovery has been made from

          an open place and the same is easily accessible to the public at

          large. The petitioner is in custody since 18.11.2025 and has got

          two criminal antecedents in which he is on bail. There is no

          compliance of Section 103 of the Bharatiya Nagarik Suraksha

          Sanhita, 2023.

                       5. Learned APP 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/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Sahodara P.S. Case

          No. 91 of 2025, 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
             Patna High Court CR. MISC. No.90157 of 2025(2) dt.19-01-2026
                                                         3/3




                       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)
Rajorshi/-

U       T

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