Patna High Court
Bigan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Excise Act — s. 30(a)
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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