Patna High Court
Saroj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to a bond of Rs.10,000 and specified conditions.
Summary
Petitioners Saroj Kumar and Suchit Kumar Mahto were arrested on 11 January 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, involving the seizure of 63.300 litres of illicit liquor. They contended that the liquor was recovered from a vehicle and not from their conscious possession, alleging false implication and non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act. The prosecution opposed bail, noting that petitioner No.2 had a prior criminal case for which he was on bail, while petitioner No.1 had a clean record. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, appearance in court, and non‑tampering with evidence, as well as verification of any concealed antecedents. The order directed that the bail bond not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the circumstances of arrest and alleged procedural lapses.
- Whether the prior criminal antecedent of petitioner No.2 warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 103, 105
Subjects
- bail
- excise law
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16930 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- TERHAGACHH District- Kishanganj
======================================================
1. Saroj Kumar S/O Jay Singh Mahto R/O Village- Belahat Ward No. 9, P.S- K.
Nagar, Distt.- Purnea.
2. Suchit Kumar Mahto S/O Dhanraj Mahto R/O Village- Aulabari, P.S- Sikti,
Distt.- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Rajeev Ranjan, learned counsel for
the petitioners and Mr. Satyendra Prasad, learned Additional
Public Prosecutor for the State.
2. Petitioners seeks bail who are in custody since
11.01.2026 in connection with Tedhagaach P.S. Case No. 09 of
2026, F.I.R. dated 10.01.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 63.300 liters of Resam Lichi Nepali
liquor.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. He further submits that it appears from the
Patna High Court CR. MISC. No.16930 of 2026(2) dt.17-03-2026
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F.I.R. as well as seizure list that nothing has been recovered
from the conscious possession of the petitioners rather the
recovery has been made from vehicle in question and the
petitioners have no concern at all with the alleged recovery of
liquor and there is non-compliance of Section 103 and 105 of
BNSS and the petitioners are in custody since 11.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioners and
submit that petitioner no.2 carries one criminal antecedent in
which he is on bail and petitioner no.1 has clean antecedent.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise-I, Kishanganj in connection
with Tedhagaach P.S. Case No. 09 of 2026, subject to the
following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.16930 of 2026(2) dt.17-03-2026
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ii. If the petitioners tamper with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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