Patna High Court
Vikash Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Regular bail was granted to the petitioner.
Summary
Vikash Kumar Mahto was arrested in connection with the seizure of 738 litres of illegal Nepali liquor from a four‑wheel vehicle, alleged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no knowledge of the liquor, that it was not in his conscious possession, and that he had a clean antecedent. The State opposed his request for regular bail, while the petitioner’s counsel argued for release pending trial. The court examined the FIR, seizure list, and the exclusive Excise Court’s order, noting the petitioner’s clean record and custody since 20‑03‑2026. Considering the circumstances, the judge granted regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of equal amount.
Issues considered
- Whether regular bail should be granted to the accused under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s claim of non‑possession and clean antecedent warrants bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- excise
- illegal liquor
- Bihar Prohibition and Excise Act
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34338 of 2026
Arising Out of PS. Case No.-711 Year-2026 Thana- Excise P.S. District- Sitamarhi
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Vikash Kumar Mahto, Male aged about 20 years, Son of Lakshaman Mahto
Resident of village - Bathnaha Purvi Tola, Ward no. 3, Police Station -
Bathnaha, District - Sitamarhi, Pin – 843302.
.. ... Petitioner/s
Versus
The State of Bihar
... .. Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Avinash Chandra, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks regular bail in connection with
Excise Sitamarhi P.S. Case No. 711 of 2026, instituted for the
offences punishable under Section 30(a) and 32(3) of Bihar
Prohibition and Excise Act.
3. As per allegation in the FIR, total 738 liters of
illegal Nepali liquor has been recovered from a four wheeler
Scorpio bearing Registration No. HR-50C6061.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that nothing has
Patna High Court CR. MISC. No.34338 of 2026(2) dt.20-05-2026
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been recovered from the conscious possession of the petitioner
rather the recovery was made from a four wheeler Scorpio
bearing Registration No. HR-50C6061. He further submits that
petitioner has got clean antecedent as stated in para 3 of the
petition and he is in custody since 20.03.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, seizure list and impugned
order of the learned Exclusive Excise Court-II, Sitamarhi dated
15.04.2026, it appears that petitioner is named in the FIR. From
perusal of the records, it appears that on the basis of written
report of the informant, FIR has been registered under Section
30(a) and 32(3) of Bihar Prohibition and Excise Act against the
present petitioner. It also appears that petitioner has got clean
antecedent as stated in para 3 of the petition and is in custody
since 20.03.2026, so considering all the aspects of the case and
submission of learned counsel for the petitioner, I am inclined to
grant regular bail to the above named petitioner.
7. Accordingly, the prayer for regular bail of the
above named petitioner is allowed. Let the petitioner above
named be released on regular bail on furnishing bail bonds of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.34338 of 2026(2) dt.20-05-2026
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amount each to the satisfaction of the learned Exclusive Excise
Court-II, Sitamarhi in connection with Excise Sitamarhi P.S.
Case No. 711 of 2026.
(Ramesh Chand Malviya, J)
Anand Kr
U T
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