Patna High Court
Bigan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
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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/-
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