Patna High Court
Mohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.