Created by Fuzzy Cloud

Patna High Court

Chandan MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Chandan Mahto, was charged under Section 30(a) of the Excise Act for alleged recovery of 20 litres of liquor and 2000 litres of mahua pass, though the seizure occurred at a location not owned by him and no contraband was found in his possession. He had been in judicial custody since 15 November 2025. The petitioner argued that he was implicated by a hostile watchman and that there was no direct evidence linking him to the seized goods. The State opposed bail, citing his prior excise cases. The court, after considering the lack of possession and the circumstances of the allegation, ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, and allowed the application.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Excise Act given the facts of the case.

Legislation cited

Subjects

  • bail
  • Excise Act
  • Section 30(a)
  • judicial custody
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87509 of 2025
                     Arising Out of PS. Case No.-255 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Chandan Mahto S/o Fuleshwar Mahto Resident of Village - Piyarpurva, P.S -
                 Marhowrah, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Kumar Tiwary
                 For the Opposite Party/s :      Mr.Kanhaiya Kishore (App.100)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of five cases under the Excise Act

                   and allegation is of recovery of 20 litres of liquor from

                   piyarpurva chawar along with 2000 litres of mahua pass and 05

                   bhati were destroyed.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place, which does not belong to the petitioner

                   and he came to be implicated at the instance of Chaukidar with
               Patna High Court CR. MISC. No.87509 of 2025(2) dt.30-01-2026
                                                           2/2




                         whom he is on an inimical term. It is also submitted that

                         petitioner is languishing in judicial custody since 15.11.2025.

                                      5. Learned A.P.P. opposes the bail application.

                                      6. Considering the submissions made by the learned

                         counsel for the petitioner, the petitioner, above-named, is

                         directed to be released on regular bail on his furnishing bail-

                         bonds in the sum of Rs.10,000/- (Rupees Ten 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 Marhowrah P. S. Case No.255 of 2025.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.