Patna High Court
Ajay Mahato @ Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Bail was granted to the petitioner with a bond of Rs. 10,000 and two sureties, subject to conditions of appearance and possible cancellation.
Summary
The petitioner, Ajay Mahato, was arrested in connection with a case alleging possession of 285 litres of spirit, violating Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He claimed he was falsely implicated and had been in custody since 24 January 2026, arguing that procedural requirements under Section 103 BNSS were not observed. The State opposed his bail, citing the seriousness of the offence. The court, after considering the petitioner's claim of false implication, his bail status in four similar cases, and his undertaking to cooperate, ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions of regular appearance and possible cancellation for non‑compliance or repeat offences. The bail order also directed that any failure to appear on two consecutive dates could lead to cancellation of the bail bond.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the procedural requirements of Section 103 BNSS were complied with.
- Whether the petitioner’s prior bail in similar cases affects the grant of bail.
Legislation cited
Subjects
- bail
- excise
- prohibition
- Section 30
- Bihar
- criminal procedure
- false accusation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19018 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Ajay Mahato @ Ajay Kumar S/O Harendra Mahato Resident of Village -
Baikunthpur, P.S. - Baikunthpur, District - Gopalganj
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Baikunthpur P.S. Case No. 35 of 2026, dated 23.01.2026,
registered for the offence under Section 30(a) of Bihar
Prohibition and Excise Amendment Act, 2022.
3. As per the allegation, 285 liters of spirit was found
from the possession of the petitioner.
4. It has been submitted by learned counsel appearing
for the petitioner that the petitioner has been falsely roped into
this case and he is in custody since 24.01.2026. The provisions
under Section 103 BNSS has not been followed and although he
is accused in four cases of similar nature, but he is on bail in
those cases and undertakes to cooperate in the trial.
5. Learned A.P.P. for the State vehemently opposed
Patna High Court CR. MISC. No.19018 of 2026(2) dt.25-03-2026
2/2
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the, above named, petitioner 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
District and Additional Sessions Judge-XIII-cum-Special Judge,
Excise-I, Gopalganj, in connection with Baikunthpur P.S. Case
No. 35 of 2026.
7. It is directed that the petitioner would be
represented on each and every date in the trial and on failure on
two consecutive dates, the learned court below would be at
liberty to cancel his bail bonds. It is further directed that if the
petitioner gets himself involved in similar nature of offences,
the prosecution would be at liberty to file cancellation of bail
before appropriate forum.
(Praveen Kumar, J)
Pawan/-
U T
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