Vikash Kumar Mahto Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34338 of 2026

Arising Out of PS. Case No.-711 Year-2026 Thana- Excise P.S. District- Sitamarhi

====================================================== Vikash Kumar Mahto, Male aged about 20 years, Son of Lakshaman Mahto Resident of village - Bathnaha Purvi Tola, Ward no. 3, Police Station - Bathnaha, District - Sitamarhi, Pin – 843302.

.. ... Petitioner/s

Versus

The State of Bihar

... .. Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Avinash Chandra, Advocate For the Opposite Party/s : Mr. Akshay Lal Pandit, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

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2 20-05-2026

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Heard learned counsel for the petitioner and learned

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APP for the State through virtual mode.

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The petitioner seeks regular bail in connection with Excise Sitamarhi P.S. Case No. 711 of 2026, instituted for the offences punishable under Section 30(a) and 32(3) of Bihar Prohibition and Excise Act.

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As per allegation in the FIR, total 738 liters of illegal Nepali liquor has been recovered from a four wheeler Scorpio bearing Registration No. HR-50C6061.

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Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case. He submits that nothing has

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Patna High Court CR. MISC. No.34338 of 2026(2) dt.20-05-2026 2/3

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been recovered from the conscious possession of the petitioner rather the recovery was made from a four wheeler Scorpio bearing Registration No. HR-50C6061. He further submits that petitioner has got clean antecedent as stated in para 3 of the petition and he is in custody since 20.03.2026.

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Learned APP for the State opposes the prayer for regular bail of the petitioner.

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From perusal of the FIR, seizure list and impugned order of the learned Exclusive Excise Court-II, Sitamarhi dated 15.04.2026, it appears that petitioner is named in the FIR. From perusal of the records, it appears that on the basis of written report of the informant, FIR has been registered under Section 30(a) and 32(3) of Bihar Prohibition and Excise Act against the present petitioner. It also appears that petitioner has got clean antecedent as stated in para 3 of the petition and is in custody since 20.03.2026, so considering all the aspects of the case and submission of learned counsel for the petitioner, I am inclined to grant regular bail to the above named petitioner.

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Accordingly, the prayer for regular bail of the above named petitioner is allowed. Let the petitioner above named be released on regular bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like

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Patna High Court CR. MISC. No.34338 of 2026(2) dt.20-05-2026 3/3

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amount each to the satisfaction of the learned Exclusive Excise Court-II, Sitamarhi in connection with Excise Sitamarhi P.S. Case No. 711 of 2026.

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(Ramesh Chand Malviya, J)

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Anand Kr

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U T

Vikash Kumar Mahto v. The State of Bihar

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Vikash Kumar Mahto v. The State of Bihar

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