Patna High Court
Amit Kumar Mahto @ Amit Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court grants regular bail to the petitioner.
Summary
The petitioner, Amit Kumar Mahto, was arrested in connection with the seizure of 450 litres of country‑made liquor from two motorcycles, alleged to be an offence under section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no involvement in the illegal activity, possessed no criminal antecedents, and was merely apprehended while the main culprit escaped. The State opposed his request for regular bail. After hearing both sides, the Court considered the facts, the nature of the offence, and the petitioner’s lack of prior record, and decided to grant regular bail. He was ordered to be released on furnishing a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Judge of the Excise Court, Madhubani.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged under section 30(a) of the Bihar Prohibition and Excise Act
- Whether the circumstances of the case justify the grant of bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- section 30(a)
- liquor seizure
- excise law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28467 of 2026
Arising Out of PS. Case No.-129 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Amit Kumar Mahto @ Amit Kumar Sahni S/O Rajgir Sahni Resident of
Village- Madhiya Kamalwari, PS.- Basopatti, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, 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 is that from two bikes,
altogether 450 liters of country made liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that he is not concerned
in any way with any of the bikes. He was apprehended by police
and the main culprit has managed to escape. A statement has
been made in para-3 of this petition that the petitioner has got no
criminal antecedent. Moreover, he is languishing in judicial
Patna High Court CR. MISC. No.28467 of 2026(2) dt.05-05-2026
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custody since 24.03.2026.
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
Madhubani Sadar Excise P.S. Case No. 129 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
Exclusive Special Judge Excise Court, Madhubani.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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