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Patna High Court

Kamlesh Mahto @ Kamlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as the facts did not show possession of the contraband and the period of custody was considerable.

Summary

The petitioner, Kamlesh Mahto, was arrested in connection with an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act after 135 litres of illicit foreign liquor were recovered from a cowshed. The prosecution alleged that the liquor was contraband, but no portion of it was found in the petitioner's possession. The petitioner contended that he was falsely implicated and that the liquor was in an open area accessible to anyone. The State opposed bail, arguing the seriousness of the offence. The Court, noting the absence of any incriminating article on the petitioner and the length of his pre‑trial custody since 16‑01‑2026, granted bail on a bond of Rs.10,000 with two sureties, directing release subject to the satisfaction of the Exclusive Special Excise Judge‑I, Samastipur.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act when no incriminating article has been recovered from his possession.

Legislation cited

Subjects

  • bail
  • prohibition act
  • illicit liquor
  • possession
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23381 of 2026
                   Arising Out of PS. Case No.-136 Year-2025 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Kamlesh Mahto @ Kamlesh Kumar S/O Late Sone Lal Mahto R/O Vill-
                 Mustafapur, P.S- Bibhutipur, Dist- Smastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ashok Kumar Gupta, Advocate
                 For the State           :        Mr. Rajendra Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. As per prosecution case, 135 liters of illicit foreign

                   liquor was recovered from a cowshed.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   No incriminating article has been recovered from conscious

                   possession of this petitioner and he has falsely been implicated

                   in this case merely on suspicion. The alleged illicit liquor has

                   been recovered from an open place, which is accessible to one

                   and all. Moreover, charge-sheet has already been submitted and
             Patna High Court CR. MISC. No.23381 of 2026(2) dt.06-05-2026
                                                         2/2




                       petitioner is in custody since 16.01.2026.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, fact that no incriminating article has been recovered from

                       possession of this petitioner and period of custody, the prayer

                       for grant of bail to the petitioner is allowed.

                                    7. Accordingly, 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 Exclusive Special Excise Judge-I,

                       Samastipur in connection with Bibhutipur P.S. Case No. 136 of

                       2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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