Patna High Court
Manish Mahto @ Manish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail is to be granted to the petitioner upon furnishing the prescribed bond and sureties.
Summary
Manish Mahto was arrested in connection with the alleged recovery of 138 litres of liquor from two motorcycles, charged under Section 30(a) of the Bihar Excise Act. He had a prior case under the same Act and had been in custody since 24‑04‑2026. The petitioner argued that he was not caught in the act, had no conscious possession of the liquor, and was not the owner of the vehicles, contending that the case was based on secret information without proper investigation. The State opposed bail. The court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, pending trial in the Sangrampur P.S. case.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act given the circumstances of his arrest and prior case.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- seizure of liquor
- criminal procedure
- secret information
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47454 of 2026
Arising Out of PS. Case No.-289 Year-2024 Thana- SANGRAMPUR District- East
Champaran
======================================================
Manish Mahto @ Manish Kumar Son of Ram Prasad Mahto @ Prasad Mahto
Resident of Village- Koirawa, Bind Toli , P.S.- Sangrampur, District- East
Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and is
in custody since 24.04.2026 and allegation is of recovery of 138
liters of liquor from two motorcycles.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of any of the seized vehicles and came to be implicated
Patna High Court CR. MISC. No.47454 of 2026(2) dt.10-07-2026
2/2
based on secret information which is the easiest way to
implicate someone without holding a proper investigation.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with
Sangrampur P.S. Case No. 289 of 2024.
(Satyavrat Verma, J)
Rishabh/-
U T
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