Patna High Court
Raju MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to bail, subject to a bond and sureties, as the seizure procedure was not compliant with statutory requirements.
Summary
The petitioner, Raju Mahto, sought bail in a case where 110 litres of country-made liquor were seized from a bike he owned, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the seizure was illegal because the police did not comply with Section 105 of the BNSS and that nothing was recovered from his personal possession. The State opposed bail, citing a prior similar offence. After hearing both sides, the court found merit in the petitioner's arguments regarding procedural lapses and granted bail on condition of a Rs.10,000 bond with two sureties. The bail order was directed to be executed by the Exclusive Special Excise Court No.1, East Champaran.
Issues considered
- Whether the petitioner is entitled to bail despite the seizure of liquor from a vehicle he owned.
- Whether the police complied with Section 105 of the BNSS during the seizure.
- Impact of the petitioner's prior criminal antecedent on bail eligibility.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition law
- seizure procedure
- police compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31091 of 2026
Arising Out of PS. Case No.-161 Year-2026 Thana- SUGAULI District- East Champaran
======================================================
Raju Mahto S/O Bijli Mahto @ Vijli Mahto @ Vijli Mahato Resident of
Village - Gidha, Chhapra Bahas, Police Station- Sugauli, District- East
Champaran at Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Sugauli P.S. Case No.161 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that
altogether 110 liters country made liquor was recovered from a
bike.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the petitioner is the owner of the
bike. It has further been submitted that nothing has been
recovered from the possession of the petitioner. It has further
Patna High Court CR. MISC. No.31091 of 2026(2) dt.13-05-2026
2/2
been submitted that the witnesses of the seizure list are police
personnel and police have not complied Section 105 of the of
the BNSS while making seizure. It has further been submitted
that the petitioner is languishing in judicial custody since
21.03.2026.
5. The application for bail is opposed by learned APP
for the State. He has further submitted that the petitioner is
having criminal antecedent of one case of similar nature.
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 enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Exclsuive Special Excise Court No.1, Civil court, East
Champaran at Motihari, in connection with Sugauli P.S. Case
No.161 of 2026.
(Ashok Kumar Pandey, J)
Durgesh/-
Rohit/-
U T
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