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Patna High Court

Ranjeet Kumar MahtoversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was denied to the petitioners.

Summary

The petitioners, a driver and helper, were arrested on 15 March 2026 after a police raid recovered 1,152 litres of illicit foreign liquor from a secret compartment in their truck. They were charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act and applied for regular bail. The petitioners claimed innocence, while the State’s Additional Public Prosecutor argued they were involved in illegal liquor transport. The Patna High Court, considering the large quantity of contraband and the petitioners’ role in its transportation, declined to grant regular bail. The court emphasized that its observations were prima facie and would not affect the merits of the trial. Consequently, the bail application was rejected.

Issues considered

  • Whether regular bail can be granted to the accused in a case involving alleged illegal transportation of illicit liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act?

Legislation cited

Subjects

  • regular bail
  • excise law
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27559 of 2026
                     Arising Out of PS. Case No.-308 Year-2026 Thana- Excise P.S. District- Kishanganj
                 ======================================================
           1.     Ranjeet Kumar Mahto S/o Ramji Mahto R/o Village- Mishroliya, Afzalpur,
                  ward no 10, PS- Belsar, Distt.- Vaishali
           2.    Akhilesh Kumar S/o Kishori Paswan R/o Shankarbidwara, P.s.- Belsar,
                 Distt.- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mritunjay Kumar
                 For the Opposite Party/s :         Mr. Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   06-05-2026                  Heard the learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners seek regular bail in connection with

                   Kishanganj Excise P.S. Case No. 308 of 2026 registered for the

                   offence under Sections 30(a) and 32(3) of the Bihar Prohibition

                   and Excise Act.

                                3. A total of 1152 liters of illicit foreign liquor was

                   recovered from a secret cabinet in the truck. The petitioners

                   were the driver and helper of the vehicle and both were

                   apprehended on the spot.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have not committed any offence.
            Patna High Court CR. MISC. No.27559 of 2026(3) dt.06-05-2026
                                                        2/2




                      Petitioners are in custody since 15.03.2026.

                                   5. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail and submitted that the petitioners are

                      involved in the illegal transportation of illicit liquor.

                                   6. Having regard to the aforesaid facts and

                      circumstances of the case, the recovery of a huge quantity of

                      illicit liquor and the involvement of the petitioners in its

                      transportation, this Court is not inclined to grant regular bail to

                      the petitioners.

                                   7. Accordingly, this application for regular bail stands

                      rejected.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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