Patna High Court
Sakaldev MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the alleged liquor was not recovered from the petitioner's conscious possession, subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Sakaldev Mahto, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Excise Act, 2022, with 240 litres of liquor recovered from a vehicle registered in his name. He contended that the vehicle had been sold to another person in 2016 and that he did not have conscious physical possession of the liquor at the time of recovery. The learned Additional Public Prosecutor opposed bail, arguing the seriousness of the offence. The court examined the factual submissions and noted that the liquor was not recovered from the petitioner's possession. Consequently, the court directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC. The bail order was conditioned on the petitioner surrendering within four weeks and complying with the stipulated surety requirements.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 30(a) of the Excise Act, 2022.
- Whether the alleged illicit liquor was recovered from the petitioner's conscious physical possession.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Excise Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- excise law
- possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34127 of 2026
Arising Out of PS. Case No.-205 Year-2024 Thana- RAJAPAKAR District- Vaishali
======================================================
Sakaldev Mahto Son of Late- Fakira Mahto R/o Village- Fakuli, Ward No. 6,
P.S.- Kudhani (Fakuli O.P.), District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan No. Ii
For the Opposite Party/s : Mr.Humayou Ahmad Khan
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 08-06-2026 Heard the parties
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Rajapakar
(Baranti O.P.) P.S. Case No. 205 of 2024 registered for
the offences punishable under Section 30(a) of Excise
Act, 2022.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 240 litres of IMFL/country
made liquor
4. It is submitted by learned counsel appearing
on behalf of the petitioner that recovery of alleged illicit
Patna High Court CR. MISC. No.34127 of 2026(3) dt.08-06-2026
2/3
liquor was made from Alto car bearing registration no.
BR31E 6088, but due to technical reason as petitioner is
still the registered owner of the Alto Car he was
implicated with present case. It is submitted that the
car, in issue, was already sold by petitioner to one
Mukesh Kr. Sah on 27.08.2016, for which a sell letter
was prepared by both the parties. It is further submitted
that the recovery of alleged illicit liquor was not made
from the conscious physical possession of this petitioner.
Petitioner claimed clean antecedent.
5 Learned APP, opposes the prayer of bail.
6. In view of aforesaid factual submission and
by taking note of fact as recovery of alleged illicit liquor
prima-facie not appears to be made from the conscious
physical possession of the petitioner, accordingly
petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four
weeks, is directed to be released on bail, furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.34127 of 2026(3) dt.08-06-2026
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sureties of the like amount each to the satisfaction of
the learned District and Addl. Sessions Judge cum Spl.
Judge Exclusive Excise court II, Vaishali at Hajipur
/concerned Court, where the case is pending in
connection with Rajapakar (Baranti O.P.) P.S. Case No.
205 of 2024, subject to the conditions as laid down
under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
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