Patna High Court
Santosh Kumar Mahanta @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Prohibition & Excise Act — s. 30(a)
- BNSS — s. 105
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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