Patna High Court

Raj Kumar Mahto @ Raju MahtoversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court inclined to grant bail to the petitioner.

Summary

Petitioner Raj Kumar Mahto was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 437.4 litres of liquor were recovered from an open area behind a co-accused's house. The petitioner claimed he had no possession of the liquor, that the location was public and not his, and that no incriminating material linked him to the seizure. He had been in custody since 23 October 2025 and possessed two prior criminal antecedents, with the prosecution failing to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, but the court, considering the lack of direct evidence and the circumstances, decided to grant bail on a bond of Rs.15,000 with two sureties and specific conditions regarding appearance. The order released the petitioner on bail subject to those conditions.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of recovery, lack of direct evidence, prior antecedents, and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
criminal procedure
Bharatiya Nagarik Suraksha Sanhita
West Champaran
antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91350 of 2025
                  Arising Out of PS. Case No.-517 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Raj Kumar Mahto @ Raju Mahto S/o Late Meghnath Mahto @ Meganath
                 Mahto R/o vill - Pandey Tola, Lalgarh, P.S.- Muffasil, Distt.- West Champaran


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rakesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar Singh No. 1, 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

                   Muffasil P.S. Case No. 517 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 437.400 liters

                   liquor was recovered from open place behind the house of the

                   co-accused person.

                                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
Patna High Court CR. MISC. No.91350 of 2025(2) dt.19-01-2026
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          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the alleged recovery has been

          made from an open place which does not belong to the

          petitioner and the same is easily accessible to the public at large.

          The petitioner is in custody since 23.10.2025 and has got two

          criminal antecedents. 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 Muffasil P.S. Case

          No. 517 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

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.91350 of 2025(2) dt.19-01-2026
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                       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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