Patna High Court
Wakil MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner with a bond and conditions.
Summary
Wakil Mahto was arrested in connection with the alleged seizure of 2.34 litres of illicit foreign liquor from his premises, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating that nothing was recovered from his possession and that the police seizure did not comply with Section 105 of the B.N.S.S. The petitioner had been in judicial custody since 13 March 2026, while the State highlighted three prior criminal cases, two of which were similar offences, to oppose bail. After hearing both sides, the Court considered the procedural lapse and the petitioner’s claim of false implication, and decided to grant regular bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and a direction that the petitioner not commit similar offences in the future.
Issues considered
- Whether regular bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
- Whether non‑compliance with Section 105 of the B.N.S.S. during seizure affects the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition act
- excise
- seizure
- prior convictions
- procedural lapse
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28918 of 2026
Arising Out of PS. Case No.-162 Year-2026 Thana- MASHRAK District- Saran
======================================================
Wakil Mahto S/O Late Dhupa Mahto @ Gopa Mahto R/O Vill.- Hanshapir,
P.S.- Mashrakh, Dist.- 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.Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from
the Gumti of this petitioner, altogether 2.340 liters of illicit
foreign liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Nothing has been recovered
from his possession. It has further been submitted that the
witnesses of the seizure list are police personnel. Police has not
complied Section 105 of the B.N.S.S. while making the seizure.
Patna High Court CR. MISC. No.28918 of 2026(2) dt.05-05-2026
2/2
Petitioner is languishing in judicial custody since 13.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of three
cases out of which two are of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Mashrakh P.S. Case No. 162 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 Special Judge Excise-2, Saran
at Chapra with the condition that petitioner shall not indulge
himself in similar nature of offences in future.
(Ashok Kumar Pandey, J)
lata/-
U T
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