Patna High Court
Angad Kumar @ Angad MahtoversusThe state of bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted to the petitioner subject to bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Angad Kumar, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged possession of 71.250 liters of illicit liquor recovered from a field belonging to him. He contended that the liquor was found in an open, public area and that he had no conscious possession or criminal antecedent. The State opposed his bail application. The Court, considering the lack of direct possession, the petitioner's clean record, and the circumstances of the recovery, ordered that bail be granted upon surrender within six weeks, subject to a bond of Rs.10,000 with two sureties, under the conditions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also directed compliance with the Exclusive Special Excise Court No. 3, Motihari.
Issues considered
- What is the appropriate bail condition for an accused under Section 30(a) of the Bihar Excise Act?
- Whether the recovery of liquor from an open field establishes sufficient grounds to deny bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- excise law
- illicit liquor
- Section 30
- Bihar Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21602 of 2026
Arising Out of PS. Case No.-94 Year-2026 Thana- MADHUBAN District- East Champaran
======================================================
Angad Kumar @ Angad Mahto S/O Naresh Mahto @ Ramnaresh Mahato
Resident of village - Shyam Chauk Madhuban, P.S- Madhuban, Dist- East
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 18-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in a case registered
under Section 30(a) of Bihar Excise Act.
3. As per prosecution case, 71.250 liters illicit liquor was
recovered from potato and maize field of the petitioner.
4. Learned counsel appearing on behalf of the petitioner
submits that petitioner is innocent and has falsely been
implicated in the present case only on suspicion. Further
submission is that nothing has been recovered from the
conscious possession of the petitioner. The recovery has been
made from an open place easily accessible to public at large.
Petitioner has got no criminal antecedent and he undertakes to
Patna High Court CR. MISC. No.21602 of 2026(2) dt.18-04-2026
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cooperate in the investigation and trial.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances
of the case, submissions of learned counsel for the parties and
fair antecedent of the petitioner, let the above named petitioner
be released on bail, in the event of arrest or surrender before the
Court below within a period of six weeks from today, on
furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Court No. 3, Motihari, East
Champaran in connection with Madhuban P.S. Case No. 94 of
2026, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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