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Patna High Court

Shiv Pukar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Shiv Pukar Mahto, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly having 50 litres of liquor recovered from an open area behind his house. He claimed innocence, stating no liquor was found in his possession, he has no prior criminal record, and that the alleged recovery site is publicly accessible. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of incriminating material and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After considering the facts, the court found no compelling reason to keep the petitioner in custody and ordered bail. The petitioner was released on a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the circumstances of the case
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 103
  • criminal procedure
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91519 of 2025
                        Arising Out of PS. Case No.-65 Year-2025 Thana- DORIGANJ District- Saran
                 ======================================================
                 Shiv Pukar Mahto S/o Late Ram Chandra Mahto R/o vill - Mahaji, P.s.-
                 Doriganj, Distt.- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Singh No. I, Advocate
                 For the Opposite Party/s :        Mrs. Pronoti Singh, 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

                   Doriganj P.S. Case No. 65 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 50 liters

                   liquor was recovered from open place behind the house of the

                   petitioner.

                                 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
             Patna High Court CR. MISC. No.91519 of 2025(2) dt.19-01-2026
                                                         2/2




                       no concern with the alleged recovery of liquor. Learned counsel

                       for the petitioner also submits that the alleged recovery has been

                       made behind the house of the petitioner which is an open place

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

                       petitioner is in custody since 09.10.2025 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 Doriganj P.S. Case

                       No. 65 of 2025.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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