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
- Bihar Prohibition and Excise Act — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.