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Patna High Court

Bigan MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to monetary and procedural conditions.

Summary

The petitioners, Bigan Mahto and Bhikhari Mahto, were charged under Section 30(a) of the Bihar Liquor Prohibition and Excise Act and Section 317(5) of the BNS for the alleged possession of 72 litres of illicit Nepali liquor recovered from a motorcycle. They contended that the liquor was not in their personal or conscious possession, they were not the owners of the motorcycle, and they were implicated due to an enmity with the local chowkidar who identified them. The State opposed bail on the ground of the petitioners' criminal antecedents. The Court examined the circumstances, noting that the petitioners were not arrested at the spot and were identified only by the chowkidar. Considering these facts, the Court granted bail to each petitioner on a bond of Rs. 10,000 with two sureties, subject to conditions that a blood relative act as bailor and that the petitioners cooperate with the investigation, with the possibility of bail cancellation for non‑cooperation.

Issues considered

  • Whether bail should be granted to the accused under the Bihar Liquor Prohibition and Excise Act and BNS despite alleged possession of illicit liquor and their criminal antecedents
  • Whether the identification by a chowkidar, without arrest at the spot, suffices to justify continued detention

Legislation cited

  • Bihar Liquor Prohibition and Excise Act — s. 30(a)
  • BNS — s. 317(5)

Subjects

  • bail
  • illicit liquor
  • possession
  • identification by chowkidar
  • criminal antecedents
  • special judge
  • excise court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36060 of 2026
                        Arising Out of PS. Case No.-102 Year-2026 Thana- SUPPI District- Sitamarhi
                 ======================================================
           1.     Bigan Mahto Son of Fekan Mahto Resident of Village- Akhta, Akhta Nuniya
                  Tola, Ward No. 02, P.S.- Suppi, District- Sitamarhi.
           2.     Bhikhari Mahto Son of Gagandeo Mahto @ Gagan Mahto Resident of
                  Village- Akhta, Akhta Nuniya Tola, Ward No. 02, P.S.- Suppi, District-
                  Sitamarhi.
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dwij Raj, Advocate
                 For the State            :        Mr. Mritunjay Kumar Nirala, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   08-06-2026                     Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. The petitioners seek bail in a case registered for

                   the offence punishable under Sections 30(a) of the Bihar Liquor

                   Prohibition and Excise Act and 317 (5) of the BNS.

                                   3. There is a recovery of 72 liters of Nepali illicit

                   liquor from jute bags kept on the back seat of a motorcycle.

                                   4. Learned counsel for the petitioners submits that no

                   recovery was made from the personal or conscious possession of

                   the petitioners. The petitioners are not the owner of the

                   motorcycle in question. It is further submitted that on account of

                   enmity with the chowkidar, the petitioners have been made

                   accused in this case although they were not present at the spot and

                   were not arrested on the spot. The petitioners are in custody since
             Patna High Court CR. MISC. No.36060 of 2026(2) dt.08-06-2026
                                                         2/2




                       18.04.2026.

                                           5. Learned APP for the State opposed the bail

                       petition of the petitioners on the ground of their criminal

                       antecedents.

                                       6.     Taking    into    consideration    the     facts   and

                       circumstances of the case and also considering the fact that the

                       petitioners were not arrested at the spot and were rather identified

                       by the local chowkidar, let the above named petitioners, be

                       released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

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

                       the satisfaction of the learned Special Judge, Exclusive Excise

                       Court No.-I, Sitamarhi/concerned Court below in connection with

                       Suppi P.S. Case No. 102 of 2026, subject to the conditions that:

                                    (I) One of the bailors will be their own blood relative,

                       preferably, father, mother, brother, sister and/or his wife.

                                    (II)     The     petitioners     shall   cooperate      in   the

                       investigation/trial and in case of non-cooperation, the prosecution

                       would be at liberty to move an application for cancelling the bail

                       bonds of the petitioners.



                                                   (Soni Shrivastava, J)
priyanka/-

U      T


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