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Patna High Court

Ranjan Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

Ranjan Kumar Mahto was arrested in Forbesganj for allegedly possessing 67.5 litres of liquor recovered from five black bags, alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no knowledge of the liquor, the bags did not belong to him, and no incriminating material was found in his possession; he also highlighted his clean criminal record and that the police had not complied with Section 103 of the B.N.S.S., 2023. The State opposed bail, arguing the seriousness of the offence. The Court examined the facts, the petitioner’s clean antecedent and the period of custody, and found no compelling reason to keep him detained. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material and with a clean antecedent.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • possession of liquor
  • clean antecedent
  • Section 30(a)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12104 of 2026
                      Arising Out of PS. Case No.-9 Year-2026 Thana- FORBESGANJ District- Araria
                 ======================================================
                 Ranjan Kumar Mahto S/o Dhanu Mahto @ Dhanu Mahato Resident of
                 Village- Velkunda @ Belkunda, P.S.- Jamalpur, District- Saran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs.Chetna, Advocate
                 For the Opposite Party/s :       Mr.Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Forbesganj P.S. case No.

                   09 of 2026 instituted for the offences under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 67.5 liters

                   liquor was         recovered from five black colour bag 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. It is
           Patna High Court CR. MISC. No.12104 of 2026(2) dt.23-02-2026
                                                       2/2




                     further submitted that the bags in question do not belong to the

                     petitioner. The petitioner has been falsely implicated by the

                     police with ulterior motive. The petitioner is in custody since

                     08.01.2026 and has got no criminal antecedent. There is no

                     compliance of Section 103 of B.N.S.S., 2023.

                                 5. Learned A.P.P. 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, clean antecedent                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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Forbesganj P.S.

                     case No. 09 of 2026.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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