Patna High Court
SANJEET MAHTOversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs.10,000, two sureties, and specified conditions.
Summary
The petitioner, Sanjeet Mahto, was arrested on 10 March 2026 in connection with the seizure of 25.635 litres of foreign liquor alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He filed a bail petition arguing that the liquor was recovered from the house of another person, Shyam Paswan, and that the police failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023, meaning he had no conscious possession. The State opposed bail, noting that the petitioner has seven other pending cases, though he is already on bail in those matters. The Court considered the lack of direct possession, the procedural lapses alleged, and the petitioner’s criminal antecedent, and decided to grant bail on a bond of Rs.10,000 with two sureties and several conditions, including cooperation with the trial and no tampering of evidence. The bail order was made subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Issues considered
- Whether bail should be granted when the alleged seizure was not from the petitioner’s conscious possession and police compliance with Sections 103 and 105 of BNSS, 2023 is in question.
- Whether the petitioner’s other pending criminal cases affect the grant of bail in the present case.
- Whether procedural lapses in the seizure justify denial of bail.
Subjects
- bail
- foreign liquor
- prohibition act
- excise
- procedural compliance
- criminal antecedent
- seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27269 of 2026
Arising Out of PS. Case No.-106 Year-2026 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Sanjeet Mahto S/O Late Bhola Mahto R/O Ward No. 37, Vill.- Korbaddha,
Lagunia, Suraj Kanth, P.S.- Mufassil, Dist.- Samastipur
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-04-2026 Heard Mr.Keshav Bhardwaj, learned counsel for the
petitioner and Mr.Mritunjay Kumar Nirala, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
10.03.2026 in connection with Samastipur Muffasil P.S. Case
No. 106 of 2026, F.I.R. dated 05.03.2026 registered for the
offence punishable under Section 30(a) of Bihar Prohibition
and Excise Act, 2022.
3. Recovery is of 25.635 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made from the
Patna High Court CR. MISC. No.27269 of 2026(2) dt.22-04-2026
2/3
house of Shyam Paswan. As per allegation in the FIR, the
petitioner was fled away from the place of occurrence and
seizure list witnesses are police personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioner is in custody since 10.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
seven more cases other than the present one but he fairly
submits that the petitioner is on bail in all the cases, as
mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, 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 learned Exclusive Special Judge,
Excise-I, Samastipur in connection with Samastipur Muffasil
P.S. Case No. 106 of 2026, with 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.27269 of 2026(2) dt.22-04-2026
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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)
Nitesh/-
U T
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