Patna High Court
Bharat MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail, holding that the petitioner’s clean antecedent and the procedural non‑compliance in the seizure justified release on bail.
Summary
Bharat Mahto was arrested on 12 February 2026 in connection with the seizure of 203-250 litres of illicit foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He claimed to have a clean antecedent and argued that the liquor was recovered from a vehicle, not from his conscious possession, and that the seizure list was prepared by police without complying with Sections 103 and 105 of the BNSS. The State opposed bail. The Court noted the petitioner’s clean record and the procedural lapses in the seizure, and consequently ordered his release on bail subject to a bond of Rs. 10,000 with two sureties and several conditions regarding trial cooperation and non‑tampering with evidence. The bail order also directed verification of the petitioner’s antecedent but prohibited delay in granting bail for that purpose.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether non‑compliance with Sections 103 and 105 of the BNSS warrants bail.
- Whether the seizure of liquor from a vehicle, rather than from the accused’s conscious possession, affects the bail decision.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- non‑compliance of statutory provisions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27193 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- ANTICHAK District- Bhagalpur
======================================================
Bharat Mahto S/o- Sipahi Mahto Resident of Village- Nagrah Naya Tola
Police Station- Naugachia, Dist- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Dr. Manoj Kumar, learned counsel for the
petitioner and Mr. Humayou Ahmad Khan, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
12.02.2026 in connection with Antichak P.S. Case No. 12 of
2026, F.I.R. dated 11.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 203-250 liters of illicit foreign
liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
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the recovery has been made from a four wheeler and one
motorcycle in question and the petitioner was apprehended
along with co-accused persons, when they were trying to escape
from the place of occurrence. He further submits that seizure list
witnesses are police personnel and there is non-compliance of
Section 103 and 105 of BNSS and the petitioner is in custody
since 12.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is non-compliance of
Section 103 and 105 of BNSS, let the petitioner, 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 Excise Judge-I,
Bhagalpur in connection with Antichak P.S. Case No. 12 of
2026, subject to the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers 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 petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Suruchi/-
U T
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