Patna High CourtCR. MISC./32528/2026allowed

Prayag Mahto @ Pryag Mauto v. The State Of Bihar

2026-05-20Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32528 of 2026 Arising Out of PS. Case No.-87 Year-2026 Thana- PANAPUR District- Saran ====================================================== Prayag Mahto @ Pryag Mauto Son of Late Surya Mahto Resident of VillageKondh Khiriya (Tola), P.S.- Panapur, District-Saran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Mili Kumari, Advocate For the Opposite Party/s :

Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-05-2026 Heard the learned counsel for the petitioner and learned APP for the State through Video Conferencing.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Section 30(a) of Bihar Excise and Prohibition Act.

3. The case of the prosecution in brief is that, altogether 10 liters of country made liquor was recovered from possession of this petitioner.

4. Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner. It is also submitted that all the witnesses to the seizure list are police personnel, and the police have not complied the mandatory provisions of Section 105 of the B.N.S.S. It has further been submitted that petitioner is having one criminal

Patna High Court CR. MISC. No.32528 of 2026(2) dt.20-05-2026 2/2 antecedent of similar nature. He is in custody since 20.03.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of the regular bail.

6. Considering the aforesaid facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall not indulge himself in similar nature of offence in future. The abovenamed petitioner is directed to be released on bail in connection with Panapur P.S. Case No. 87 of 2026 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra.

(Ashok Kumar Pandey, J) khushbu/- U T