Patna High Court
Harendra MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner, finding no sufficient ground to deny it.
Summary
The petitioner, Harendra Mahto, applied for bail in a case (Rivilganj P.S. Case No. 383 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, where 25 litres of liquor were recovered from a plastic container. The petitioner claimed innocence, stating no incriminating material was found in his possession, that he was not arrested on the spot, and that the liquor was recovered from an open public place. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and his clean criminal record. The State opposed the bail. Considering the facts, the court found the petitioner’s custody period reasonable and granted bail on condition of a bond and sureties.
Issues considered
- Whether the petitioner is entitled to bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- criminal procedure
- Section 103
- public place recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9637 of 2026
Arising Out of PS. Case No.-383 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Harendra Mahto S/O Lt Yodhan Mahto Resident Of Village - Jantola, P.S-
Rivilganj, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Revilganj P.S. Case No. 383 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 25 liters
liquor was recovered from plastic dabba and jhola.
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.9637 of 2026(2) dt.12-02-2026
2/2
for the petitioner also submitted 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 people. 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 05.01.2026 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 Revilganj P.S. Case
No. 383 of 2025.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…