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Patna High Court

Munna MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Munna Mahto was arrested in connection with a case alleging the recovery of 240 litres of liquor from an open area near a river, under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he was falsely implicated, that no incriminating material was found in his possession, and that his name was supplied by a local chowkidar rather than by on‑spot arrest. He also highlighted his lack of criminal antecedents and the failure of the police to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the absence of material evidence, the length of custody since 24‑10‑2025, and the procedural lapses, decided to grant bail. The order directed the petitioner to furnish a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act when no material evidence is found in his possession.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • criminal procedure
  • custody
  • no antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90436 of 2025
                  Arising Out of PS. Case No.-91 Year-2025 Thana- SAHODARA District- West Champaran
                 ======================================================
                 Munna Mahto S/o Lalji Mahto R/o Village- Kamta Farm, Police station-
                 Sahodara, District- 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   12-01-2026                     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 open place near bank of 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.90436 of 2025(2) dt.12-01-2026
                                                         2/2




                       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 chowkidar. 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 24.10.2025 and has got

                       no criminal antecedent. 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.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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