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Patna High Court

Amit Kumar Mahto @ Amit Kumar SahniversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                                        2/2




                      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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