Patna High Court
Niraj MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that, in view of the absence of any criminal antecedent and the fact that the petitioners have been in custody since 24‑02‑2026, regular bail should be granted.
Summary
Petitioners Niraj Mahto and Atif Ali were arrested for alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution claimed 3 litres and 2.25 litres of liquor were recovered respectively, while the petitioners contended that no incriminating article was found on them and that they were falsely implicated. They had been in custody since 24‑02‑2026 and had no prior criminal record. The State opposed the bail application. Considering the FIR allegations, the petitioners' clean antecedent and the length of custody, the court ordered regular bail on a bond of Rs.10,000 with two sureties each, subject to the satisfaction of the Exclusive Special Excise Court.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the facts of the case.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- regular bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23451 of 2026
Arising Out of PS. Case No.-53 Year-2026 Thana- Excise P.S. District- Saran
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1. Niraj Mahto S/o Ramnath Mahto
2. Atif Ali S/o Sahabuddin Ali
Both are residents of Village- Siswan Ghurghat, P.S.- Siswan, Dist.- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 08-04-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Sadar Excise P.S. Case
no.53 of 2026 registered under section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, 3 litres of illicit liquor
was recovered from the possession of petitioner no.1 while 2.25
litres of liquor was recovered from the possession of petitioner
no.2. A total of 7.5 litres of liquor was recovered from the
possession of the accused persons.
4. Learned counsel for the petitioners submits that
no incriminating article has been recovered from the petitioner’s
possession who have been falsely implicated in the case. They
Patna High Court CR. MISC. No.23451 of 2026(2) dt.08-04-2026
2/2
are in custody since 24.2.2026 and have no criminal antecedent.
5. The application for bail is opposed by learned A.P.P.
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioners not having any criminal antecedent together with
their having remained in custody since 24.2.2026, the Court
directs both the petitioners to be enlarged on bail in connection
with Sadar Excise P.S. Case no.53 of 2026 on each of them
furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Court no.3, Saran.
(Partha Sarthy, J)
Saurabh/-
U T
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