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Patna High Court

Santosh Kumar Mahanta @ Santosh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner.

Summary

Santosh Kumar Mahanta applied for bail in an excise case (Sonepur Excise P.S. Case No. 12 of 2026) alleging violation of Section 30(a) of the Bihar Prohibition & Excise Act after 20.25 litres of illicit foreign liquor were seized from a backpack. The petitioner claimed innocence, asserted that the seizure was illegal because the police did not comply with Section 105 of the BNSS, and highlighted that nothing was recovered from his possession while he had been in judicial custody since 15 February 2026. The State opposed bail, citing a prior similar offence. After hearing both sides, the court considered the procedural lapse and the lack of direct possession, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Court, Saran.

Issues considered

  • Whether bail should be granted in a case under Section 30(a) of the Bihar Prohibition & Excise Act.
  • Whether non‑compliance with Section 105 of the BNSS in making the seizure warrants bail.
  • Whether the petitioner’s prior criminal antecedent justifies denial of bail.

Legislation cited

Subjects

  • bail
  • excise law
  • illegal liquor
  • procedural lapse
  • Section 30(a)
  • Bihar Prohibition & Excise Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27418 of 2026
                    Arising Out of PS. Case No.-12 Year-2026 Thana- EXCISE SONPUR District- Saran
                 ======================================================
                 Santosh Kumar Mahanta @ Santosh Kumar S/o Munnaka Mahto R/O
                 Village- Inayatpur, Dhamaun, P.S- Shahpur Patori, Dist- Samastipur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sanjeet Kumar Singh, Adv.
                 For the Opposite Party/s :      Mrs. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   04-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sonepur Excise P.S. Case No. 12 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   & Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   backpack altogether 20.25 liters of illicit foreign liquor were

                   recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Learned counsel also submits that nothing has been

                   recovered from the possession of the petitioner. The witnesses
           Patna High Court CR. MISC. No.27418 of 2026(2) dt.04-05-2026
                                                       2/2




                     of the seizure list are police personnel and the police has not

                     complied with Section 105 of the BNSS while making the

                     seizure. He further submits that the petitioner is languishing in

                     judicial custody since 15.02.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of one case of similar nature.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned 3rd

                     Exclusive Special Excise Court, Saran at Chapra in connection

                     with Sonepur Excise P.S. Case No. 12 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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