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Patna High Court

Raja Babu MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioners.

Summary

The petitioners, Raja Babu Mahto and Hira Sah, were arrested in connection with the recovery of 192 litres of illicit liquor from a vehicle, alleged to be under Section 30(a) of the Bihar Prohibition and Excise Act. They claimed innocence, stating they were merely the driver and co‑driver and had no knowledge of the contraband, and that no incriminating material was found in their possession. The petitioners had been in custody since 17 January 2026, had no prior criminal record, and highlighted non‑compliance of Section 103 of the BNSS, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioners' clean record, and the duration of custody, the Court granted bail subject to a cash bond of Rs.15,000 each and two sureties, with conditions for appearance and potential cancellation on default.

Issues considered

  • Whether the petitioners are entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act despite the recovery of liquor from the vehicle.
  • Whether the non‑compliance of Section 103 of the BNSS, 2023 affects the grant of bail.
  • Whether the petitioners' role as driver and co‑driver, without knowledge of the illicit liquor, negates culpability sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • illicit liquor
  • Section 30(a)
  • driver
  • co‑driver
  • BNSS 2023
  • custody
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.8245 of 2026
                      Arising Out of PS. Case No.-30 Year-2026 Thana- Excise P.S. District- Madhubani
                 ======================================================
           1.     Raja Babu Mahto S/o Chandradev Mahto R/o vill - Bhangha Sitapur, P.S.-
                  Bhangha Sitapur, Distt.- Motihari, Nepal
           2.    Hira Sah S/o Late Ramdev Sah R/o J.P. Colony, P.S- Town, Distt.-
                 Madhubani

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Bhavesh Kumar Sah, Advocate
                                                    Ms. Archna Aanand, Advocate
                 For the Opposite Party/s :         Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   10-03-2026              Heard learned counsel for the petitioners and learned APP

                   for the State.

                            2.      The petitioners seek bail in connection with Sadar

                   Excise PS Case No. 30 of 2026 instituted for the offences under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                            3.      The prosecution case, in short, is that 192 liters

                   liquor was recovered from car.

                            4.      Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioners. The petitioners have

                   got no concern with the alleged recovery of liquor.                             It is
Patna High Court CR. MISC. No.8245 of 2026(3) dt.10-03-2026
                                            2/3




          submitted that names of the petitioners have surfaced in this

          case as being driver and co-driver of the vehicle in question and

          they were oblivious of the fact that illicit liquor was laden in the

          vehicle. The petitioners are in custody since 17.01.2026 and

          have got no criminal antecedent/s. There is no compliance of

          Section 103 of the BNSS, 2023. Learned counsel for the

          petitioner submits that a supplementary affidavit has been filed

          in the present case bringing on record the deponent on behalf of

          petitioner No. 1, as he is a citizen of Nepal.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioners.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioners, this Court is inclined to grant bail to the petitioners.

                   7.     Let the petitioners be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) each with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Sadar Excise PS

          Case No. 30 of 2026, subject to the following conditions:

                  (I) One of the bailors shall be deponents of the petitioner

          No.1, namely, Manisha Devi and petitioner No.2, namely,

          Muskan Devi, respectively.
           Patna High Court CR. MISC. No.8245 of 2026(3) dt.10-03-2026
                                                       3/3




                             (II) The petitioners shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioners.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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