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Patna High Court

Ajay Kumar MahtoversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                           3/3




                                      (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/-

U          T


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