Sonu Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33213 of 2026 Arising Out of PS. Case No.-452 Year-2026 Thana- Excise P.S. District- Bhagalpur ====================================================== Sonu Kumar Mahto, S/O Sunil Mahto, Resident of Village- Sarkanda Toyodi, Police Station- Godda, Distt.- Godda (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 21-05-2026 Heard the learned counsel for the petitioner and learned APP for the State through Video Conferencing.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 30(a), 47 of Bihar Excise and Prohibition Act.

3. The case of the prosecution in brief is that, from a pick-up van, altogether 271.800 liters of illicit foreign liquor was recovered.

4. Learned counsel for the petitioner has submitted that, nothing has been recovered from the possession of this petitioner. It is also submitted that all the witnesses to the seizure list are police personnel, and the police have not complied the mandatory provisions of Section 105 of the B.N.S.S. while making the Seizure List. Learned counsel for the

Patna High Court CR. MISC. No.33213 of 2026(2) dt.21-05-2026 2/2 petitioner also submits that the petitioner is innocent and he has falsely been implicated in this case. It is also stated submitted that petitioner is merely the driver of the pick-up van and he is having no knowledge regarding the consignment. It has further been submitted by the learned counsel for the petitioner that petitioner is having no criminal antecedent and he is in custody since 19.03.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of the regular bail.

6. Considering the aforesaid facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above-named petitioner is directed to be released on bail in connection with Excise (Sadar) P.S. Case No. 452 of 2026 on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Bhagalpur/concerned Court.

(Ashok Kumar Pandey, J) khushbu/Ritwika U T