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Patna High Court

Ram Babu MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                                      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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