Niraj Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23451 of 2026 Arising Out of PS. Case No.-53 Year-2026 Thana- Excise P.S. District- Saran ====================================================== 1.
Niraj Mahto S/o Ramnath Mahto 2.
Atif Ali S/o Sahabuddin Ali Both are residents of Village- Siswan Ghurghat, P.S.- Siswan, Dist.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-04-2026
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of regular bail in connection with Sadar Excise P.S. Case no.53 of 2026 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 3 litres of illicit liquor was recovered from the possession of petitioner no.1 while 2.25 litres of liquor was recovered from the possession of petitioner no.2. A total of 7.5 litres of liquor was recovered from the possession of the accused persons.
4. Learned counsel for the petitioners submits that no incriminating article has been recovered from the petitioner's possession who have been falsely implicated in the case. They
Patna High Court CR. MISC. No.23451 of 2026(2) dt.08-04-2026 2/2 are in custody since 24.2.2026 and have no criminal antecedent.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the petitioners not having any criminal antecedent together with their having remained in custody since 24.2.2026, the Court directs both the petitioners to be enlarged on bail in connection with Sadar Excise P.S. Case no.53 of 2026 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.3, Saran. (Partha Sarthy, J) Saurabh/- U T