Patna High Court
Baliram MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
Baliram Mahto was arrested on 1 May 2026 in connection with a seizure of 10 litres of illicit country-made liquor alleged under Section 30(a) of the Bihar Prohibition & Excise Act. The petitioner contended that the liquor was recovered from the place of occurrence, not from his conscious possession, and that his name was recorded solely on the basis of a local chaukidar’s disclosure. He further argued that the investigation violated Sections 103 and 105 of the B.N.S.S., rendering the evidence insufficient for continued detention. The State opposed bail, noting three other pending cases, but acknowledged the petitioner was already on bail in those matters. Considering the lack of direct possession, procedural lapses, and the petitioner’s cooperation, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether bail should be granted when the alleged offence lacks evidence of conscious possession by the accused.
- Whether non‑compliance with Sections 103 and 105 of the B.N.S.S. warrants bail.
- Whether the existence of other pending cases affects the grant of bail in the present matter.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S.S. — s. 103, 105
Subjects
- bail
- illicit liquor
- Section 30(a)
- Bihar Prohibition & Excise Act
- procedural lapse
- conscious possession
- B.N.S.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39928 of 2026
Arising Out of PS. Case No.-108 Year-2026 Thana- KHAIRA District- Saran
======================================================
Baliram Mahto S/o- Late Nagina Mahto R/o - Khaira Khanpur, P.S - Khaira,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-06-2026 Heard Mr. Sanjay Kumar Jha, learned counsel for
the petitioner and Mr. Umanath Mishra, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
01.05.2026, in connection with Khairah (Khaira) P.S. Case No.
108 of 2026, F.I.R. dated 02.04.2026 registered for the offences
punishable under Section 30(a) of the Bihar Prohibition &
Excise Act.
3. Recovery is of 10.00 litres of illicit country made
liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
Patna High Court CR. MISC. No.39928 of 2026(2) dt.29-06-2026
2/3
conscious possession of the petitioner rather recovery has been
made from the place of occurrence and the name of the
petitioner has been transpired on the basis of disclosure made by
local choukidar and except the aforesaid nothing cogent material
has come during investigation to suggest the involvement of the
petitioner in the present occurrence . It appears from the seizure
list that the seizure list witnesses are Bihar Home Guard police
personnel so there is non compliance of Section 103 and 105 of
the B.N.S.S. and the petitioner is in custody since 01.05.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries three more
cases other than the present one but fairly submits on the basis
of paragraph-3 of the bail petition that the petitioner is on bail in
the pending matters.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner as well as there is non compliance
of Section 103 and 105 of the B.N.S.S. , let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned 3rd Exclusive Special
Excise Court, Saran at Chapra, in connection with Khairah
Patna High Court CR. MISC. No.39928 of 2026(2) dt.29-06-2026
3/3
(Khaira) P.S. Case No. 108 of 2026, subject to the following
conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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