Patna High Court
Chandan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Excise Act — s. 30(a)
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/-
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