Patna High Court
Ashok Mahto @ Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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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