Patna High Court
Shiv Kumar @ Shiv Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner subject to a bond and conditions, finding no sufficient ground to deny bail.
Summary
Shiv Kumar Mahto was arrested in connection with the seizure of 540 litres of illicit foreign liquor from his auto, alleged to be in violation of Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner contended that the driver escaped, no liquor was found in his possession, and the seizure was not made in compliance with Section 105 of the BNSS, arguing that he was implicated merely as the vehicle owner and has no prior criminal record. The State opposed bail. After hearing both sides, the Court granted bail, imposing a bond of Rs 10,000 with two sureties and directing the petitioner not to engage in similar offences in the future. The bail order was directed to be executed by the Special Judge (Excise Act) in Jhanjharpur, Madhubani.
Issues considered
- Whether bail can be granted in offences under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether non‑compliance with Section 105 of the Bihar Narcotic Substances Act in the seizure process warrants denial of bail.
- Whether ownership of the vehicle alone suffices to sustain the charge and affect bail considerations.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 274, 275, 3(5)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- seizure procedure
- ownership liability
- Bihar Narcotic Substances Act
- Bihar Prohibition & Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34675 of 2026
Arising Out of PS. Case No.-194 Year-2025 Thana- KHUTAUNA District- Madhubani
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Shiv Kumar @ Shiv Kumar Mahto S/O Late Ramchandra Mahto @
Ramsundar Mahto R/O Village- Mahuliya, Ward No. 12, P.S.- Phulparas,
Dist.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivnandan Bharti, Advocate.
For the Opposite Party/s : Mr. Md. Shakir Ahmad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through video conferencing.
2. The petitioner has prayed for bail in connection
with Khutauna P.S. Case No. 194 of 2025 registered for the
offence punishable under Sections 274, 275 & 3(5) of the BNS
& Section 30(a) of the Bihar Prohibition & Excise Act.
3. The case of the prosecution, in short, is that from
an Auto altogether 540 litres illicit foreign liquor was recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the driver of the auto managed to
escape and he was not apprehended on the spot. He has further
submitted that nothing has been recovered from possession of
the petitioner. Learned counsel for the petitioner has further
Patna High Court CR. MISC. No.34675 of 2026(2) dt.20-05-2026
2/2
submitted that the witnesses of the seizure list are police
personnel and police have not complied Section 105 of the
BNSS while making seizure. Learned counsel for the petitioner
has further submitted that the petitioner has been framed in this
case only because he is the owner of the seized auto. Petitioner
has no criminal antecedent of similar nature and he is in judicial
custody since 12.03.2026.
5. The application for bail is opposed by learned
APP for the State.
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 with the condition
that the petitioner shall not indulge himself in similar nature
of offence in future. 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 Special Judge (Excise
Act), Jhanjharpur, Madhubani in connection with Khutauna P.S.
Case No.194 of 2025.
(Ashok Kumar Pandey, J)
khushbu/-
U T
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