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Patna High Court

Bigan MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted and ordered the petitioner’s release on regular bail.

Summary

Bigan Mahto was arrested in connection with the alleged recovery of 198 litres of liquor and charged under Section 30(a) of the Excise Act. He had been in custody since 18‑04‑2026 and claimed that he was not arrested at the spot, that no liquor was found in his possession, and that the allegation arose from a dispute with a watchman who implicated him. The petitioner’s counsel argued that the case was based on a mechanical investigation and that the petitioner’s antecedent excise cases should not preclude bail. The State opposed the bail. Considering the petitioner’s submissions, the lack of direct possession, and the period of custody, the court ordered his release on regular bail upon furnishing a bond of Rs.5,000 with two sureties, and the bail application was allowed.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Excise Act given the nature of the offence and his prior excise cases.

Legislation cited

Subjects

  • bail
  • Excise Act
  • Section 30(a)
  • liquor seizure
  • criminal procedure
  • investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37972 of 2026
                        Arising Out of PS. Case No.-357 Year-2025 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Bigan Mahto S/o Fekan Mahto Resident of village- Akhta, Akhta Nuniya tola,
                 Ward No 02, PS- Suppi, Distt- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dwij Raj
                 For the Opposite Party/s :        Mr.Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   learned APP for the State.

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

                   offences punishable under Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of four cases under the Excise Act

                   and is in custody since 18.04.2026 and allegation is of recovery

                   of 198 litres of liquor from a bush.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place, which does not belong to the petitioner

                   and he came to be implicated at the instance of Chaukidar with

                   whom he is on an inimical term. It is next submitted that police
               Patna High Court CR. MISC. No.37972 of 2026(2) dt.01-07-2026
                                                           2/2




                         in majority of cases implicating innocent persons either at the

                         behest of Chaukidar, local person, secret information and

                         confessional statement in a mechanical manner without holding

                         a proper investigation.

                                      5. Learned A.P.P. opposes the bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner and taking into consideration the

                         period of custody, the petitioner, above-named, is directed to be

                         released on regular bail on his furnishing bail-bonds in the sum

                         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

                         Suppi P. S. Case No.357 of 2025.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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