Surendra Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18091 of 2026 Arising Out of PS. Case No.-109 Year-2025 Thana- DORIGANJ District- Saran ====================================================== Surendra Mahto Son of Jagaru Mahto @ Sugdev Sahni Resident of ViillageBadhara Mahaji, P.S. Doriganj, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate :
Mr. Raju Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No.2, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 25-03-2026 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Doriganj P.S. Case No.109 of 2025, for having allegedly committed offence under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the informant along with other police personnel was on patrolling duty and when he reached at Jhanga Chowk, he received information that Kunal Kumar and his associates brought a consignment of liquor. When he reached there, all the three persons fled away by leaving behind their motorcycles. On search, total 350 litres of country made liquor was recovered which was loaded on two
Patna High Court CR. MISC. No.18091 of 2026(2) dt.25-03-2026 2/3 motorcycles having Registration No.BR-04AM-8716, while the other motorcycle does not bear any registration number.
4. The learned counsel for the petitioner submits that the petitioner was not present at the spot and his name transpired since, the motorcycle bearing Registration No.BR04AM-8716 belongs to him, which he had given to his covillager, Kunal Kumar on the date of occurrence. The petitioner has got no concern with the seized liquor and the same was not seized from possession of the petitioner. Further, while preparing the seizure list, the procedure contained under Section 103 of the B.N.S.S. was not followed. The petitioner has got clean antecedent.
5. The learned A.P.P. for the State opposes the prayer for bail.
6. Having considered the rival submissions, let the petitioner, above-named, in the event of his arrest or surrender within a period of six weeks, be released on bail on furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court No.3, Saran at Chapra in connection with Doriganj P.S. Case No.109 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
Patna High Court CR. MISC. No.18091 of 2026(2) dt.25-03-2026 3/3 with a further condition that:- The court concerned shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Ritesh Kumar, J.) Sanjay/- U T