Patna High Court
Shiv Pukar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
Checking your session…