Patna High Court
Ram Babu MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to conditions under Section 480(3) of the B.N.S.S.
Summary
Ram Babu Mahto was arrested after a raid recovered 126 litres of Nepali liquor from his semi‑constructed house, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed the liquor was planted by enemies and that it was not in his conscious possession, also noting he was already on bail in another case and had been in custody since 30‑April‑2026. The State opposed bail, but the court considered the lack of direct possession, the duration of custody, and the petitioner’s assertions of innocence. Relying on Section 480(3) of the B.N.S.S., the court ordered his release on bail with a bond of Rs.10,000 and two sureties, imposing conditions such as a close relative as a bailor and mandatory court appearances. The bail may be cancelled if the petitioner misses three consecutive dates or breaches any condition.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the recovery of liquor constitutes conscious possession sufficient to deny bail.
- Whether the conditions prescribed under Section 480(3) of the B.N.S.S. are applicable.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
Subjects
- bail
- excise offence
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 480(3)
- B.N.S.S.
- conscious possession
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37992 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- Excise Jhanjharpur District- Madhubani
======================================================
Ram Babu Mahto S/o Late Yadu Mahto R/o of village- Godhanpur, Ward No.
15, P.S.- Jhanjharpur, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr. Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Excise Jhanjharpur P.S. Case No. 89 of 2026
registered for the alleged offences under Section 30(a) of Bihar
Prohibition and Excise Act.
03. As per prosecution case, a raid was conducted in
the house of the petitioner on secret information and recovery of
126 litres of country made Nepali liquor was made and the
petitioner was apprehended from the spot.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the house
Patna High Court CR. MISC. No.37992 of 2026(2) dt.17-06-2026
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of the petitioner. The alleged recovery has been made from an
open place accessible to all as it was a semi constructed house.
The recovery has been planted by the enemies of the petitioner.
The petitioner is having antecedent of one case in which he is on
bail. The petitioner is in custody since 30.04.2026.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the recovery has not been shown from the conscious
possession of the petitioner and further considering the period of
custody of the petitioner, the petitioner above named is directed
to be released on bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge (Excise),
Jhanjharpur/concerned Court in connection with Excise
Jhanjharpur P.S. Case No. 89 of 2026, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
Patna High Court CR. MISC. No.37992 of 2026(2) dt.17-06-2026
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on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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