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Patna High Court

Kishundev Mahto @ Krishandev Mahto @ BullaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners subject to specified conditions.

Summary

Petitioners Kishundev Mahto and Punita Devi were arrested on 2 March 2026 in connection with the seizure of 273.66 litres of illegal wine from a train, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that the liquor was recovered from the train’s latrine gallery and that they had no conscious possession, arguing that they were implicated merely on suspicion and that procedural requirements of Sections 103 and 105 of the BNSS, 2023 were not complied with. The prosecution highlighted their prior criminal antecedents, though noting they were on bail in those matters. The High Court, after hearing both sides, granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The order directed that bail should not be delayed for verification purposes.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the alleged lack of conscious possession and non‑compliance with Sections 103 and 105 of the BNSS, 2023 justify bail.
  • Whether the petitioners' prior criminal antecedents affect the grant of bail.

Legislation cited

Subjects

  • bail
  • illegal liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • BNSS 2023
  • conscious possession
  • criminal antecedent
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24317 of 2026
                      Arising Out of PS. Case No.-20 Year-2026 Thana- RAIL PS JAYNAGAR District-
                                                        Madhubani
                 ======================================================
           1.     Kishundev Mahto @ Krishandev Mahto @ Bulla S/o Late Jagdish Mahto
                  R/o Ward No 16, Near 13 Number Gumti, PS- Rajnagar, Distt- Madhubani
           2.    Punita Devi W/o Raghuvir Mahto R/o vill- Ganhar, P.S.- Andhrathari, Dist.-
                 Madhubani

                                                                                  ... ... Petitioners
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ratnakar Jha, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-04-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioners seek bail who is in custody since

                   02.03.2026 in connection with Jaynagar Rail P.S. Case No. 20

                   of 2026 for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act

                               3. The prosecution case, in brief, is that informant on

                   01-03-2026 on the instruction of SHO and LTF Incharge

                   informant along with escort party and other police force started

                   checking Train No. 13032. At about 19.00 p.m., the escort party

                   entered into the third coach from behind the train and found that

                   some bags are lying in the gallery of latrine and seeing the
Patna High Court CR. MISC. No.24317 of 2026(2) dt.15-04-2026
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          police one female and one male person managed to flee away

          who have been apprehended. On query, they disclosed their

          names as petitioners. Thereafter search was made and total

          273.6666 liter illegal wine has been been recovered from 10

          plastic bags. Accordingly seizure list was prepared.

                      4. Learned counsel for the petitioners submits that

          petitioners have falsely been implicated in the present case and

          it appears from the FIR and seizure list that nothing has been

          recovered from the conscious possession of the petitioners and

          recovery has been made from the train in question and

          petitioners have been made accused in this case on the basis of

          suspicion and it appears from seizure that recovery has been

          made from the gallery of latrine of the train in question and

          petitioners have no concern at all with the alleged recovery of

          liquor and there is non-compliance of mandatory provisions of

          Sections 103 and 105 of BNSS, 2023 and seizure list witnesses

          are police personnel and petitioners are in custody since

          02.03.2026.

                      5. The learned Additional Public Prosecutor for the

          State, on the other hand, has vehemently opposed the prayer for

          bail of the petitioner and submits that petitioner no. 1 has

          antecedent of two cases other than the present case and
Patna High Court CR. MISC. No.24317 of 2026(2) dt.15-04-2026
                                            3/4




          petitioner no. 2 has antecedent of one case other than the present

          case but fairly submits that petitioners are on bail in all the

          pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioners, above named, 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 the learned

          Exclusive Special Judge (Excise), Madhubani in connection

          with Jaynagar Rail P.S. Case No. 20 of 2026, subject to the

          following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tamper with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at

          any stage it is found that the petitioners have concealed their

          criminal antecedent, the court below shall take step for
           Patna High Court CR. MISC. No.24317 of 2026(2) dt.15-04-2026
                                                       4/4




                     cancellation of bail bond of the petitioners. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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