Patna High Court
Kishundev Mahto @ Krishandev Mahto @ BullaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNSS, 2023 — s. 103, 105
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
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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
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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
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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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