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Patna High Court

Mohit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner on condition of a Rs.5,000 bond with two sureties.

Summary

The petitioner, Mohit Kumar, was arrested in connection with the alleged recovery of 900 litres of liquor and seizure of a motorcycle under Section 30(a) of the Bihar Excise Act. He has four prior cases under the Excise Act and has been in custody since 21-04-2026. The petitioner argued that he was not arrested at the spot, the liquor was not found in his possession, and he is not the owner of the seized vehicle, claiming he was implicated by locals. The State opposed bail. Considering the submissions and the period of custody, the court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties, pending trial in the Malsalami P.S. case No. 114 of 2026.

Issues considered

  • Whether bail should be granted to the petitioner charged under Section 30(a) of the Bihar Excise Act despite prior excise cases and the circumstances of the alleged offence

Legislation cited

Subjects

  • bail
  • excise law
  • liquor seizure
  • criminal procedure
  • Section 30(a) Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35685 of 2026
                      Arising Out of PS. Case No.-114 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Mohit Kumar Son of Ajay Sahani @ Jay Sahani Resident of Village -
                 Nuruddinganj Ghat, Kinare, P.S.- Malsalami, District - Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Prasad Singh
                 For the Opposite Party/s :       Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of four cases under the Excise Act and

                   is in custody since 21-4-2026. It is next submitted that

                   allegation is of recovery of 900 litres of liquor from bank of

                   Damrahi Ghat and a motorcycle was seized.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated at the instance
              Patna High Court CR. MISC. No.35685 of 2026(2) dt.01-07-2026
                                                          2/2




                        of local people.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner and taking into consideration the

                        period of custody, let the petitioner, above named, be released

                        on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned trial court where the case is

                        pending/successor court in connection with Malsalami P.S. Case

                        No. 114 of 2026.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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