Patna High Court
MAHESH MAHTOversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Mahesh Mahto, applied for regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act after a large quantity of country-made and illicit foreign liquor was seized from a boat on the Ganga. He contended that he was merely waiting at the spot, not the boatman or a passenger, and that nothing was recovered from his possession. The prosecution argued that the seizure indicated involvement in the offence. The petitioner also highlighted his lack of criminal antecedents and his continued judicial custody since 11 February 2026. The court, after considering the facts and the procedural lapse in preparing the seizure list under Section 105 of the BNSS, decided to grant regular bail on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court‑II, Katihar.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of liquor from the boat establishes sufficient grounds to deny bail.
- Whether the failure to comply with Section 105 of the BNSS in preparing the seizure list affects the bail application.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition
- excise
- illicit liquor
- Section 30(a)
- seizure
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23043 of 2026
Arising Out of PS. Case No.-38 Year-2026 Thana- MANIHARI District- Katihar
======================================================
Mahesh Mahto S/O- Raj Kumar R/V- Manihari Indra Nagar, W.No-2, Ps-
Manihari Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pawan Kumar Singh
For the Opposite Party/s : Mr.Narsingh Tanti
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from the bank of
river ganga, altogether 336 liters of country made liquor and
66.125 liters of illicit foreign liquor were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the recovery was
made from the boat. The petitioner is neither the boatman nor
the passenger, he was just waiting there. It has further been
submitted that nothing has been recovered from the possession
Patna High Court CR. MISC. No.23043 of 2026(2) dt.08-04-2026
2/2
of the petitioner. The witnesses of the seizure list are police
personnel and police has not complied Section 105 of BNSS
while preparing seizure list. A statement has been made in para-
3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody since
11.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Manihari P.S. Case No. 38 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Court-II, Katihar.
(Ashok Kumar Pandey, J)
shubham/-
U T
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