Patna High Court
Ranjan Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- B.N.S.S., 2023 — s. 103
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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