Patna High Court
Lagandev MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner subject to a bond and condition of cancellation if an antecedent under the Act is later discovered.
Summary
Lagandev Mahto was arrested in connection with a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that 7 litres of country liquor were seized and 1,000 litres were destroyed during manufacture. The petitioner contended that no incriminating article was found in his possession, he had no prior record under the Act, and that he was falsely implicated. The State opposed his bail application. The Court, noting the petitioner’s custody since 19‑02‑2026 and lack of antecedent, ordered regular bail on a bond of Rs 10,000 with two sureties, subject to cancellation if an antecedent is later discovered. The bail was granted subject to the conditions specified.
Issues considered
- Whether regular bail should be granted to the accused under section 30(a) of the Bihar Prohibition and Excise Act, 2016 despite the alleged destruction of a large quantity of liquor
- Whether the absence of prior antecedent under the Act warrants bail
- Whether bail can be conditioned on future discovery of an antecedent
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- country liquor manufacturing
- antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23746 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- DIGHWARA District- Saran
======================================================
Lagandev Mahto Son of Nanhak Mahto @ Neta Mahto R/O Village - Saidpur,
P.S. - Dighwara, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Dighwara P.S. Case
no.24 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, while 7 litres of
country liquor was recovered, it is stated that in course of
manufacture, 1,000 litres of country liquor was destroyed.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession and he has no concern with the seized articles or the
liquor which was destroyed. He has been falsely implicated in
the case. He is in custody since 19.2.2026 and has no antecedent
under the Bihar Prohibition and Excise Act, 2016.
Patna High Court CR. MISC. No.23746 of 2026(2) dt.08-04-2026
2/2
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioner being in custody since 19.2.2026 and specially his not
having any antecedent under the Bihar Prohibition and Excise
Act, 2016, the Court directs the petitioner to be enlarged on bail
in connection with Dighwara P.S. Case no.24 of 2026 on
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned 1st Special Judge, Excise, Saran at Chapra on the
following condition:
(i) If it subsequently transpires that the petitioner had
an antecedent under the Bihar Prohibition and Excise Act, 2016,
the prosecution will be at liberty to move this Court for
cancellation of bail granted to the petitioner.
(Partha Sarthy, J)
Saurabh/-
U T
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