Patna High Court
Kamlesh Mahto @ Kamlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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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