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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10056 of 2026 Arising Out of PS. Case No.-149 Year-2025 Thana- MAHUAWA District- East Champaran ====================================================== Achchhelal Mahto S/O Ramadhar Mahto R/O Village- Shankar Saraiya, P.S- Turkauliya, District- East Champaran at Motihari. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Saket Kumar, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 13-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Mahuawa P.S. Case No. 149 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 total 255 liters liquor was recovered from Bolero vehicle and the petitioner was arrested on spot.
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.10056 of 2026(2) dt.13-02-2026 2/2 for the petitioner also submitted that the petitioner is neither owner nor driver of the vehicle in question rather he has been arrested only on the basis of suspicioin. The petitioner is in custody since 27.11.2025 and has got one criminal antecedent.
Learned counsel for the petitioner further submits that other co- accused have been granted regular bail by this Court vide order dated 29.01.2026 passed in Cr. Misc. No. 4935 of 2026. 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 Mahuawa P.S. Case No. 149 of 2025.
Rajorshi/- (Rudra Prakash Mishra, J) U T