Patna High Court
Sonu Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court held that the petitioner is entitled to regular bail, directing his release upon furnishing the prescribed bail bond and sureties.
Summary
The petitioner, Sonu Kumar Mahto, a driver of a pick‑up van, was implicated in a case where 271.800 litres of illicit foreign liquor were seized. He contended that no liquor was found in his possession, that the seizure list was prepared solely by police without complying with Section 105 of the B.N.S.S., and that he had no knowledge of the consignment or prior criminal record. The State opposed his regular bail application. The Court examined the lack of direct possession, procedural deficiencies in the seizure documentation, and the petitioner's clean antecedents, and consequently ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The bail was to be supervised by the Exclusive Special Excise Judge‑I, Bhagalpur.
Issues considered
- Whether the petitioner is entitled to regular bail despite being implicated in the seizure of illicit liquor under Sections 30(a) and 47 of the Bihar Excise and Prohibition Act.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. in preparing the seizure list warrants bail.
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a), 47
- B.N.S.S. — s. 105
Subjects
- regular bail
- excise offence
- illegal liquor seizure
- procedural lapse
- driver liability
- Bihar Excise and Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33213 of 2026
Arising Out of PS. Case No.-452 Year-2026 Thana- Excise P.S. District- Bhagalpur
======================================================
Sonu Kumar Mahto, S/O Sunil Mahto, Resident of Village- Sarkanda Toyodi,
Police Station- Godda, Distt.- Godda (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and
learned APP for the State through Video Conferencing.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 30(a), 47 of
Bihar Excise and Prohibition Act.
3. The case of the prosecution in brief is that, from a
pick-up van, altogether 271.800 liters of illicit foreign liquor
was recovered.
4. Learned counsel for the petitioner has submitted
that, nothing has been recovered from the possession of this
petitioner. It is also submitted that all the witnesses to the
seizure list are police personnel, and the police have not
complied the mandatory provisions of Section 105 of the
B.N.S.S. while making the Seizure List. Learned counsel for the
Patna High Court CR. MISC. No.33213 of 2026(2) dt.21-05-2026
2/2
petitioner also submits that the petitioner is innocent and he has
falsely been implicated in this case. It is also stated submitted
that petitioner is merely the driver of the pick-up van and he is
having no knowledge regarding the consignment. It has further
been submitted by the learned counsel for the petitioner that
petitioner is having no criminal antecedent and he is in custody
since 19.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of the regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. The above-named petitioner is directed to be released on
bail in connection with Excise (Sadar) P.S. Case No. 452 of
2026 on furnishing bail bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Judge-I, Bhagalpur/concerned
Court.
(Ashok Kumar Pandey, J)
khushbu/Ritwika
U T
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