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Patna High Court

Lagandev MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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