Patna High Court
Raman MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner on condition of a Rs 10,000 bond with two sureties.
Summary
The petitioner, Raman Mahto, was arrested in connection with the alleged recovery of 417.600 litres of liquor from a Bolero vehicle, under Sections 274, 275 and 3(5) of the BNS read with Section 30(a) of the Bihar Excise Act. He contended that he was not apprehended at the spot, the liquor was not found in his conscious possession, and he was not the owner of the vehicle; his implication arose solely from the testimony of a chowkidar. The petitioner also highlighted that he has seven pending cases, six of which are under the excise law, and has been in custody since 17 November 2025. The State opposed bail, citing the seriousness of the offence and the petitioner’s criminal antecedents. After considering the submissions, the Court ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount.
Issues considered
- Whether bail can be granted to the petitioner despite the seriousness of the excise offences and his prior criminal record?
Legislation cited
- BNS — s. 274, 275, 3(5)
Subjects
- bail
- excise law
- seizure of liquor
- prior criminal record
- police investigation
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88941 of 2025
Arising Out of PS. Case No.-151 Year-2025 Thana- KHAJAULI District- Madhubani
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Raman Mahto S/o Matwar Mahto R/o Village - Datuar, P.S - Khajauli, District
- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 274, 275 and 3(5) of the
BNS read with Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases out of which six cases
are under the excise act and allegation is of recovery of 417.600
liters of liquor from a Bolero vehicle.
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 the seized vehicle and came to be implicated at the
instance of Chowkidar, but then it is submitted that once an
Patna High Court CR. MISC. No.88941 of 2025(2) dt.30-01-2026
2/2
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation. It is also
submitted that petitioner is in custody since 17.11.2025.
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.
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 Khajauli
P.S. Case No.151 of 2025.
(Satyavrat Verma, J)
Rishabh/-
U T
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