Patna High Court
Ajay Kumar MahtoversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the petitioner had no conscious possession of the seized liquor and the procedural requirements under Sections 103 and 105 of BNSS, 2023 were not complied with.
Summary
Ajay Kumar Mahto was arrested on 2 February 2026 in connection with an excise case involving the seizure of 62.775 litres of foreign liquor. The FIR alleged offences under Sections 30(a), 32(c), 36 and 45 of the Bihar Prohibition and Excise Act, but the liquor was recovered from the house of a co‑accused, not from the petitioner’s possession. The petitioner pleaded that he has a clean antecedent and that the prosecution had not complied with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, while the petitioner’s counsel argued that mere presence at the co‑accused’s house does not constitute conscious possession. The Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented without delay for verification purposes.
Issues considered
- Whether the petitioner’s presence at the co‑accused’s house amounts to conscious possession of the seized liquor.
- Whether the procedural requirements of Sections 103 and 105 of BNSS, 2023 have been complied with.
- Whether bail should be granted in view of the alleged offences under the Bihar Prohibition and Excise Act.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise
- foreign liquor
- Bihar Prohibition and Excise Act
- BNSS 2023
- conscious possession
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17846 of 2026
Arising Out of PS. Case No.-56 Year-2026 Thana- Excise P.S. District- Madhubani
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Ajay Kumar Mahto S/O Suresh Mahto R/O -Kotvali Chowk,Ward No- 42,
P.s- Town, Dist- Madhubani
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Archna Aanand, Advocate
For the Opposite Party/s : Ms.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 19-03-2026 Heard Ms.Archna Aanand, learned counsel for the
petitioner and Ms.Shaheen Begum, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
02.02.2026 in connection with Sadar Excise P.S. Case No. 56 of
2026, F.I.R. dated 01.02.2026 arising out of G.O. Case No. 331
of 2026 registered for the offence punishable under Sections
30(a), 32(c), 36 and 45 of Bihar Prohibition and Excise Act.
3. Recovery is of 62.775 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR as well as the seizure list that nothing has been
recovered from conscious possession or the house of the
petitioner rather the recovery has been made from the house of
co-accused person, namely, Raja Ram Mandal and the petitioner
Patna High Court CR. MISC. No.17846 of 2026(2) dt.19-03-2026
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has been made accused in the present case merely on the ground
that he was present in the house of co-accused person, namely,
Raja Ram Mandal. Learned counsel for the petitioner submits
that there is non-compliance of Sections 103 and 105 of BNSS,
2023 and the petitioner is in custody since 02.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, let the petitioner,
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 learned Judicial Magistrate,
Madhubani in connection with Sadar Excise P.S. Case No. 56
of 2026, F.I.R. dated 01.02.2026 arising out of G.O. Case No.
331 of 2026, with the following conditions:-
(I) Petitioner 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 his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
Patna High Court CR. MISC. No.17846 of 2026(2) dt.19-03-2026
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(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Nitesh/-
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