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Patna High Court

Sanjay MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Sanjay Mahto, was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 125 litres of illegal liquor. He filed a bail application, asserting that he was falsely implicated, that no incriminating material was found in his possession, and that he had no prior criminal record. The prosecution opposed the bail, arguing the seriousness of the offence. The court considered the facts, the period of custody since 30 March 2026, and the petitioner’s clean record, and found no compelling reason to keep him detained. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the concerned Excise Court. The order was made on a prima facie basis and does not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illegal liquor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29983 of 2026
                  Arising Out of PS. Case No.-62 Year-2026 Thana- SAHODARA District- West Champaran
                 ======================================================
                 Sanjay Mahto S/o Doma Mahto R/o Village - Kamta Farm, P.S - Sahodra,
                 District - West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashok Kumar Gupta
                 For the Opposite Party/s :      Mr.Bishweshwar Ram
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Sadhora P.S. Case No. 62 of 2026 registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case is that 125 liters of illegal

                   liquor was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner is

                   in custody since 30.03.2026 and has got no criminal antecedent.
           Patna High Court CR. MISC. No.29983 of 2026(2) dt.06-05-2026
                                                       2/2




                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Exclusive Special Judge, Excise Court-II, Bettiah, West

                     Champaran/concerned Court in connection with Sahodra P.S.

                     Case No. 62 of 2026.

                                  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.



                                                      (Ansul, J)
abhishekkr/-

U      T


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