Patna High Court
Bhim MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Bhim Mahto, was arrested in connection with a case alleging the recovery of 130 litres of illicit country-made liquor, charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that he was falsely implicated, had no ownership or control over the seized liquor, and that no incriminating material was found in his possession. The State opposed his bail, relying on the FIR and seizure list, while the petitioner’s counsel highlighted the absence of independent witnesses and the lack of direct evidence linking him to the liquor. The High Court examined the evidentiary record and, noting the weak linkage and the petitioner’s custody since 21 May 2026, decided to grant regular bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties and the requirement that the petitioner appear before the trial court on all scheduled dates.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 given the facts of the case.
- Whether the evidence on record sufficiently justifies continued detention of the petitioner.
Legislation cited
Subjects
- bail
- illicit liquor
- prohibition law
- excise law
- Section 30(a)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44534 of 2026
Arising Out of PS. Case No.-430 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
Bhim Mahto, aged about 28 years, Gender-Male, Son of Aklu Mahto,
Resident of Village - Roopganj, Adda No- 02, P.S. - Town (Nagar / Chapra
Town), District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Town
(Nagar /Chapra Town) P.S. Case No. 430 of 2026 instituted for
the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. As per allegation in the FIR, total 130 litres of illicit
country made liquor has been recovered from the three different
sacks.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case. He submits that the name of
the petitioner has been surfaced in this case on the basis of
disclosure made by arrested co-accused persons. He further
Patna High Court CR. MISC. No.44534 of 2026(2) dt.08-07-2026
2/3
submits that the petitioner has no concerned with the alleged
seized country made liquor. He next submits that the the alleged
spot is an open and public place which does not belongs to the
petitioner. He lastly submits the petitioner is neither the owner
nor the care taker of the alleged spot and the seized sacks. He
again submits that nothing incriminating article has been
recovered from the conscious possession of the petitioner.
Petitioner is in custody since 21.05.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, seizure list and impugned
order of the learned 01st Exclusive Special Excise Court, Saran
at Chapra dated 09.06.2026, it appears that petitioner is named
in the FIR. From perusal of the records, it appears that on the
basis of written report of the informant, FIR has been registered
under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2022 against the above named petitioner and
the allegation is recovery of 130 litres of illicit country made
liquor from the three different sacks. Petitioner is in custody
since 21.05.2026 and there is no any independent witness of the
seizure list, so considering all these aspects of the case and
submission of learned counsel for the petitioner, I am inclined to
Patna High Court CR. MISC. No.44534 of 2026(2) dt.08-07-2026
3/3
grant regular bail to the above named petitioner.
7. Accordingly the prayer for regular bail of the
petitioner is allowed. Let the petitioner above named be
released on regular bail on furnishing bail bonds of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned 1st, Special Judge Excise, Saran at
Chapra in connection with Town (Nagar/Chapra Town) P.S.
Case No. 430 of 2026, subject to the condition that the
petitioner shall physically present before the trial Court on each
and every date as fixed by the trial Court and if the petitioner is
absented, his bail bonds shall be cancelled.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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