Patna High Court
Sanchay Mahto @ Sanchey MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to both petitioners, subject to bond and conditions, finding insufficient grounds for continued detention.
Summary
The petitioners, Sanchay Mahto and Bache Mahto, were arrested on 4 April 2026 in connection with the seizure of 63 litres of illicit "Banti Babli" liquor under Section 30(a) of the Bihar Prohibition & Excise Act, 2022. They contended that the liquor was recovered from the premises and not from their conscious possession, and that the seizure list was prepared solely by police officers, violating Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting that petitioner No. 1 has two other similar cases pending, though he is already on bail, while petitioner No. 2 has a clean record. The Court observed the lack of possession evidence and procedural lapses, and consequently ordered bail for both petitioners on a bond of Rs 10,000 each with two sureties, subject to conditions regarding cooperation, attendance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Exclusive Special Excise Judge, Saran at Chapra.
Issues considered
- Whether bail should be granted when the seized liquor was not found in the accused's conscious possession.
- Whether non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants bail.
- Whether the existence of other pending cases against petitioner No. 1 precludes bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- illicit liquor
- prohibition act
- procedural compliance
- seizure
- criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28826 of 2026
Arising Out of PS. Case No.-104 Year-2026 Thana- RASULPUR District- Saran
======================================================
1. Sanchay Mahto @ Sanchey Mahato S/O Late Ramdhari Mahto R/O Village-
Rasulpur, P.S.- Rasulpur, District- Saran
2. Bache Mahto @ Bachey Mahato @ Bachcha Mahato S/O Late Ramdhari
Mahto R/O Village- Rasulpur, P.S.- Rasulpur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brajesh Kumar Singh, Advocate
For the State : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 28-04-2026 Heard Mr. Brajesh Kumar Singh, learned counsel for
the petitioners and Mr. Ram Sevak Choudhary, learned APP for
the State.
2. Petitioners seek bail, who are in custody since
04.04.2026, in connection with Rasulpur P.S. Case No. 104 of
2026, F.I.R. dated 03.04.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition & Excise
Act, 2022.
3. Recovery is of 63 litres of Banti Babli country made
liquor.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and they have been falsely implicated in
the present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.28826 of 2026(2) dt.28-04-2026
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as well as seizure list that recovery has been made from the
cartoon in question and altogether 63 litres of Banti Babli country
made liquor was recovered from the place of occurrence and
petitioners have been made accused in the present case merely on
the basis of suspicion. It appears from the seizure list that the
seizure list witnesses are police personnel so there is non-
compliance of Sections 103 and 105 of BNSS, 2023 and the
petitioners are in custody since 04.04.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioners
and submits that the petitioner no. 1 carries two more cases of
similar nature other than the present one but fairly submits on the
basis of paragraph-3 of the bail petition that the petitioner no. 1 is
on bail in the pending matters and petitioner no. 2 having clean
antecedent.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioners and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioners, above
named, be released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like amount
each to the satisfaction of learned 2 nd Exclusive Special Excise
Judge, Saran at Chapra in connection with Rasulpur P.S. Case No.
Patna High Court CR. MISC. No.28826 of 2026(2) dt.28-04-2026
3/3
104 of 2026, subject to the following conditions :-
(1) Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
their absence on two consecutive dates without sufficient reason,
their bail bonds shall be cancelled by the Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at any
stage, it is found that the petitioners have concealed their criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioners. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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