Raju Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31091 of 2026 Arising Out of PS. Case No.-161 Year-2026 Thana- SUGAULI District- East Champaran ====================================================== Raju Mahto S/O Bijli Mahto @ Vijli Mahto @ Vijli Mahato Resident of Village - Gidha, Chhapra Bahas, Police Station- Sugauli, District- East Champaran at Motihari.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Sugauli P.S. Case No.161 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that altogether 110 liters country made liquor was recovered from a bike.

4. Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is the owner of the bike. It has further been submitted that nothing has been recovered from the possession of the petitioner. It has further

Patna High Court CR. MISC. No.31091 of 2026(2) dt.13-05-2026 2/2 been submitted that the witnesses of the seizure list are police personnel and police have not complied Section 105 of the of the BNSS while making seizure. It has further been submitted that the petitioner is languishing in judicial custody since 21.03.2026.

5. The application for bail is opposed by learned APP for the State. He has further submitted that the petitioner is having criminal antecedent of one case of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Exclsuive Special Excise Court No.1, Civil court, East Champaran at Motihari, in connection with Sugauli P.S. Case No.161 of 2026.

(Ashok Kumar Pandey, J) Durgesh/- Rohit/- U T