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Patna High Court

Bhim MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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