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Patna High Court

Ashok Mahto @ Ashok KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner with conditions.

Summary

The petitioner, Ashok Mahto, was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 171 litres of foreign‑made liquor recovered from his bathan. He contended that the seizure was illegal because the police did not comply with Section 105 of the BNSS and that nothing was recovered from his possession, claiming he was falsely implicated. The State opposed bail, highlighting two prior similar offences against the petitioner. After hearing both sides, the Court considered the procedural irregularities and the petitioner’s custodial status since 29‑01‑2026. The Court granted bail on the condition that the petitioner not commit similar offences, requiring a bail bond of Rs 10,000 with two sureties. The order was directed to the Exclusive Special Judge, Excise‑II, Muzaffarpur.

Issues considered

  • Whether bail can be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite alleged procedural lapses in seizure
  • Whether the petitioner’s prior criminal antecedents justify denial of bail

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • seizure
  • procedural compliance
  • criminal antecedent
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14101 of 2026
                   Arising Out of PS. Case No.-442 Year-2024 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Ashok Mahto @ Ashok Kumar S/o Late Hardwal Mahto @ Haridwar Mahto
                 R/o vill - Rampur Asli, P.S.- Sahebganj, Distt.- Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The state of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priyesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sahebganj P.S. Case No. 442 of 2024 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 bathan of this petitioner, 171 liters of country made foreign

                   made liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that nothing has been recovered from the
           Patna High Court CR. MISC. No.14101 of 2026(2) dt.24-03-2026
                                                       2/2




                     possession of this petitioner. The witnesses of the seizure list are

                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. The said recovery

                     has been made from bathan, which is an open place. He further

                     submits that the petitioner is languishing in judicial custody

                     since 29.01.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of two cases 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 with the condition

                     that the petitioner shall not indulge in similar nature of

                     offences in future. The above named petitioner is directed to

                     be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs.

                     ten thousand only) with two sureties of the like amount each to

                     the satisfaction of the learned Exclusive Special Judge, Excise-

                     II, Muzaffarpur in connection with Sahebganj P.S. Case No. 442

                     of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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