Patna High Court
Lakhan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail was granted to the petitioner.
Summary
Lakhan Mahto was arrested in connection with Parsa Police Station Case No. 124 of 2026 under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amendment) for allegedly carrying 6.400 litres of country‑made liquor recovered from a yellow Dalda box. The petitioner contended that the liquor was not found in his conscious possession and that he had been in custody since 12 March 2026. The State opposed bail. The Court noted the absence of recovery from conscious possession and the length of pre‑trial detention, and consequently ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount, subject to the Exclusive Special Excise Court, Saran. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amendment) when the alleged contraband was not recovered from his conscious possession.
- Whether the period of pre‑trial detention from 12 March 2026 justifies the grant of bail.
Legislation cited
Subjects
- bail
- prohibition law
- illicit liquor
- Section 30(a)
- pre‑trial detention
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 39251 of 2026
Arising Out of PS. Case No.-124 Year-2026 Thana- PARSA District- Saran
======================================================
Lakhan Mahto Son of Bodha Mahto @ Baudha Mahto R/o Village - Dih
Pachlakh, P.S.- Parsa, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Adv.
Mr. Ravi Prakash, Adv.
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Parsa P.S. Case No. 124
of 2026 registered under Section 30(a) of the Bihar Prohibition
and Excise Act, 2022 (Amendment).
3. The allegation is that 6.400 litres of country made
liqour was recovered from the yellow Dalda box which was
being carried by the petitioner.
4. Learned counsel for the petitioner submits that
nothing incriminating article was recovered from the conscious
possession of the petitioner. He further submits that the
petitioner is in custody since 12.03.2026.
5. Learned Additional Public Prosecutor for the State
Patna High Court CR. MISC. No. 39251 of 2026(2) dt.17-06-2026
2/2
has vehemently opposed the prayer for bail of the petitioner.
6. Considering that the recovery has not been made
from the conscious possession of the petitioner and the
petitioner is in custody since 12.03.2026, this Court is inclined
to grant bail to the petitioner.
7. Let the petitioner, above named, 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 3 r d Exclusive Special Excise
Court, Saran at Chapra in connection with Parsa P.S.
Case No. 124 of 2026.
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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