Patna High Court
Ganesh Mahto @ Ganesh MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
Ganesh Mahto was arrested in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of prohibited liquor. He contended that he was falsely implicated while working as a wheat cutter, that the seized article was not found in his possession, and that the search and seizure were not conducted according to law. He also highlighted the absence of any independent witness, his clean criminal record, and that he had been in custody since 14‑04‑2026. The State opposed the bail application. Considering the petitioner’s claim of innocence, procedural irregularities, and his spotless antecedent, the Court granted regular bail on a bond of Rs.20,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged procedural lapses and the petitioner’s clean antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- criminal procedure
- prohibition law
- false implication
- search and seizure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32061 of 2026
Arising Out of PS. Case No.-216 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
Ganesh Mahto @ Ganesh Mahato S/O Butan Mahto R/O Village- Rupganj,
Newaji Tola, P.S - Chapra Town, District - Saran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purnendu Keshav, Adv.
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 12-05-2026 1. Heard the parties.
2. The petitioner seeks regular bail in connection with
Revilganj P. S. Case No. 216 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It is submitted that the petitioner had gone to the
Diyar area for wheat crop cutting work and during the raid, the
actual culprits fled away whereas the petitioner was
apprehended and falsely implicated and no incriminating article
has been recovered from the conscious possession of the
petitioner and the land from where the alleged recovery was
made does not belong to him. Learned counsel further submits
Patna High Court CR. MISC. No.32061 of 2026(2) dt.12-05-2026
2/2
that the search and seizure were not conducted in accordance
with law and no independent witness supports the prosecution
case. It is also submitted that the petitioner has no criminal
antecedent and is in custody since 14.04.2026.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioner.
5. In the facts and circumstances of this case and
considering the statements made in the petition as well as above
submissions, coupled with the petitioner’s fair and clean
antecedent and the nature of accusation, this court is inclined to
enlarge the petitioner on bail. Accordingly, let the petitioner
named-above be enlarged on bail in connection with Revilganj
P. S. Case No. 216 of 2026 on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned.
(Shailendra Singh, J)
siddharthkr/-
U T
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