Patna High Court
Arjun Mahto @ Arjun KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Arjun Mahto applied for bail in a case (Chapra Town P.S. Case No.53 of 2026) where the prosecution alleged that 200 litres of illicit liquor were seized from a Toto and a motorcycle. The petitioner contended that none of the seized liquor was in his possession and that the seizure violated Section 105 of the BNSS, and he also highlighted his clean criminal record and that he had been in judicial custody since 19 January 2026. The State opposed the bail. After hearing both sides, the court found merit in the petitioner's arguments regarding procedural lapses and lack of antecedents, and consequently ordered that bail be granted on a bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the 1st Exclusive Special Excise Court, Saran at Chapra.
Issues considered
- Whether bail should be granted to the accused in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act considering alleged procedural irregularities in seizure and the accused's lack of criminal antecedent.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- seizure procedure
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20713 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
Arjun Mahto @ Arjun Kumar S/o Prabhu Mahto R/o Village- Roopganj Adda
No.2, P.S.- Chapra Town, Dist.- Saran Present R/o House No.2003, Tajpur
Road, EWS Colony, PO- Focal Point, Dist.- Ludhiana, State- Punjab
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the Opposite Party/s : Mr. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Chapra Town P.S. Case No.53 of 2026 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution, in short, is that
altogether 200 liters of illicit liquor was recovered from a Toto
and motorcycle.
4. Learned counsel appearing on behalf of the
petitioner has submitted that nothing has been recovered from
the possession of this petitioner. Learned counsel has further
submitted that the witnesses of the seizure list are police
Patna High Court CR. MISC. No.20713 of 2026(2) dt.01-04-2026
2/2
personnel and police has not complied Section 105 of the BNSS
while making seizure. Learned counsel for the petitioner has
further submitted that the petitioner is having no criminal
antecedent and he is in judicial custody since 19.01.2026.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
1st Exclusive Special Excise court, Saran at Chapra in
connection with Chapra Town P.S. Case No.53 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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