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Patna High Court

Ajay Mahato @ Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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