Patna High Court
Kumod MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
Kumod Mahto was arrested in connection with the seizure of 100 litres of country-made liquor from the dickey of a motorcycle, alleged to be the driver. The prosecution charged him under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that no liquor was found in his possession and that the seizure was not made in compliance with Section 105 of the B.N.S.S., and highlighted his clean record and custody since 4 March 2026. The State opposed regular bail, but the court, after hearing both sides, found the circumstances sufficient to grant bail. The court ordered his release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge, Excise Court No.3, East Champaran.
Issues considered
- Whether regular bail can be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure complied with the procedural requirements of Section 105 of the B.N.S.S.
- Whether the petitioner’s lack of criminal antecedents and custody duration justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- excise
- prohibition
- liquor seizure
- regular bail
- Section 30(a)
- Section 105
- police seizure
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28392 of 2026
Arising Out of PS. Case No.-101 Year-2026 Thana- KALYANPUR District- East Champaran
======================================================
Kumod Mahto, S/O Dineshwar Mahto, R/O Village- Mananpur, P.S.-
Kalyanpur, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr.Ram Sumiran Rai, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. The case of the prosecution, in short is that from
the dickey of a bike, altogether 100 liters of country made liquor
was recovered. It is alleged that the petitioner was driving the
said bike.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Nothing has been recovered
from his possession. It has further been submitted that the
witnesses of the seizure list are police personnel. Police has not
Patna High Court CR. MISC. No.28392 of 2026(2) dt.05-05-2026
2/2
complied Section 105 of the B.N.S.S. while making the seizure.
Petitioner is having no criminal antecedent and he is languishing
in judicial custody since 04.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Kalyanpur P.S. Case No. 101 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, Excise Court
No.3, East Champaran, Motihari.
(Ashok Kumar Pandey, J)
lata/-
U T
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