Patna High Court

Sanjeet Kumar MahtoversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court granted bail to the petitioner, holding that the recovery of illicit liquor did not prima facie establish his possession or involvement.

Summary

The petitioner, Sanjeet Kumar Mahto, was implicated in a case involving alleged conspiracy (IPC s.120(b)) and violations of the Bihar Prohibition and Excise Act for the recovery of 1103.04 litres of illicit liquor from a vehicle. The liquor was allegedly linked to a co-accused who used the petitioner's motorcycle, but the petitioner claimed no liquor was found on his bike and that he merely lent it to a family friend. The prosecution opposed bail, citing the petitioner's involvement in multiple other criminal cases. The court examined whether the recovery of liquor constituted prima facie evidence against the petitioner and considered the applicability of Section 482(2) of the BNSS for granting bail. Finding insufficient material to link the petitioner directly to the seized liquor, the court ordered his release on bail with a bond of Rs.10,000 and two sureties.

Issues considered

Whether the petitioner can be held liable for offences under IPC s.120(b) and the Bihar Prohibition and Excise Act based on the recovery of illicit liquor.
Whether the petitioner is entitled to bail despite the seriousness of the alleged offences and his prior criminal antecedents.
Whether the recovery of illicit liquor from a vehicle constitutes prima facie evidence against the petitioner.

Legislation cited

BNSS — s. 482(2)
Indian Penal Code — s. 120(b)

Subjects

bail
conspiracy
illicit liquor
Bihar Prohibition and Excise Act
prima facie evidence
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9573 of 2026
                   Arising Out of PS. Case No.-203 Year-2023 Thana- BEGUSARAI MUFFASIL District-
                                                        Begusarai
                 ======================================================
                 Sanjeet Kumar Mahto S/o- Tunlal Mahto R/v- Makhachak Ps- Bakhri Dist-
                 Begusarai.                                             ... ... Petitioner/s
                                                 Versus
                 The State of Bihar.                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Shashank Chouhan, Advocate
                 For the Opposite Party/s :      Ms.Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   13-02-2026                     Heard learned counsel appearing on behalf of the

                   petitioner and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                 2. The accused/petitioner apprehending his arrest in

                   connection with Muffasil P.S. Case No. 203 of 2023 registered for

                   the offences punishable under Sections 120(b) of the Indian Penal

                   Code and Sections 30(a), 32, 52 of the Bihar Prohibition and

                   Excise Act, 2018.

                                3. As per FIR, illicit liquor of 1103.04 litres was

                   recovered from a Bolero pickup vehicle, where one of the co-

                   accused, namely, Kunal Kumar was alleged to be act like as a liner

                   by using the bullet motorcycle, which belongs to this petitioner.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that the petitioner provides motorcycle to

                   Kunal due to his acquaintance as a family friend and, admittedly,
              Patna High Court CR. MISC. No.9573 of 2026(2) dt.13-02-2026
                                                          2/2




                        no illicit liquor was recovered from it. It is submitted that without

                        any cogent material, petitioner was implicated with present case.

                        Explaining criminal antecedent, It is submitted that petitioner

                        found involved in six more criminal cases, where he is on bail.

                                     5. Learned APP opposed the prayer of bail.

                                     6. In view of aforesaid factual submissions and by

                        taking note of fact as recovery of illicit liquor prima facie neither

                        appears to be made from the physical possession of this petitioner

                        nor from his motorcycle, accordingly, above named petitioner, in

                        the event of his arrest or surrender before the learned trial Court,

                        within a period of four weeks of the order, is directed to be

                        released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned Executive Special Excise Judge-I,

                        Begusarai/concerned Court, where the case is pending in

                        connection with Muffasil P.S. Case No. 203 of 2023 subject to the

                        conditions as laid down under Section 482(2) of the BNSS.

                                                                (Chandra Shekhar Jha, J)
veena/-

U         T

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