Ram Babu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37992 of 2026 Arising Out of PS. Case No.-89 Year-2026 Thana- Excise Jhanjharpur District- Madhubani ====================================================== Ram Babu Mahto S/o Late Yadu Mahto R/o of village- Godhanpur, Ward No. 15, P.S.- Jhanjharpur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dewanand Tiwari, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Excise Jhanjharpur P.S. Case No. 89 of 2026 registered for the alleged offences under Section 30(a) of Bihar Prohibition and Excise Act.

03. As per prosecution case, a raid was conducted in the house of the petitioner on secret information and recovery of 126 litres of country made Nepali liquor was made and the petitioner was apprehended from the spot.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the house

Patna High Court CR. MISC. No.37992 of 2026(2) dt.17-06-2026 2/3 of the petitioner. The alleged recovery has been made from an open place accessible to all as it was a semi constructed house. The recovery has been planted by the enemies of the petitioner. The petitioner is having antecedent of one case in which he is on bail. The petitioner is in custody since 30.04.2026.

05. Learned APP opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the fact that the recovery has not been shown from the conscious possession of the petitioner and further considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise), Jhanjharpur/concerned Court in connection with Excise Jhanjharpur P.S. Case No. 89 of 2026, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present

Patna High Court CR. MISC. No.37992 of 2026(2) dt.17-06-2026 3/3 on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T