Patna High Court

Dhani Mahto @ Dhanai MahtoversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: AJIT KUMAR

Holding

The Court granted anticipatory bail to the petitioners, subject to bail bond and surety conditions under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioners, Dhani Mahto and Brija Yadav, applied for anticipatory bail fearing arrest in a case where 69.120 litres of foreign liquor were seized under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The prosecution’s case linked them to the offence based solely on a confessional statement of a co‑accused, while the petitioners asserted they were not present at the scene and no liquor was recovered from their possession. They also highlighted their clean criminal record. The State opposed the bail, but the Court noted the lack of any material linking the petitioners to the seized liquor and, considering Section 482(2) of the B.N.S.S., 2023, decided to grant anticipatory bail. The order required each petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount, to be filed before the Special Judge, Excise Court No.1, East Champaran, within four weeks. The bail is subject to the conditions laid down under the aforementioned statutory provision.

Issues considered

Whether anticipatory bail should be granted to the petitioners in the absence of direct evidence linking them to the seized foreign liquor.

Legislation cited

B.N.S.S., 2023 — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
B.N.S.S. 2023
foreign liquor seizure
constructive possession
Section 482
bail bond
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11406 of 2026
                   Arising Out of PS. Case No.-275 Year-2025 Thana- MALAHI District- East Champaran
                 ======================================================
           1.     Dhani Mahto @ Dhanai Mahto S/o Krishna Mahto R/o Village - Shyampur
                  Kotharha, Navten, District - West Champaran
           2.     Brija Yadav S/o Jokhan Yadav R/o Village - Shyampur Kotharha, Navten,
                  District - West Champaran
                                                                          ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Suraj Kumar Tiwari
                 For the Opposite Party/s :        Mr. Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-02-2026                        Heard learned counsel for the parties.

                                2. The petitioners are apprehending their arrest in

                   connection with Malahi P.S. Case No.275 of 2025, F.I.R dated

                   21.08.2025 registered for the offences punishable under

                   Sections      30(a)        of   the   Bihar    Prohibition       and     Excise

                   (Amendment) Act.

                                3. As per the prosecution case, total 69.120 liters of

                   foreign liquor has been recovered from the spot. One person

                   was apprehended while the others fled away.

                                4. Learned counsel for the petitioners submits that the

                   name of the petitioners transpired on the basis of confessional

                   statement made by co-accused Ramdhani Yadav, who was

                   arrested on the spot. The petitioners were not present at the

                   place of occurrence and are in no way connected with the seized

                   liquor. No recovery has been made from the conscious
               Patna High Court CR. MISC. No.11406 of 2026(2) dt.17-02-2026
                                                           2/2




                         possession of the petitioners. Lastly, it is submitted that the

                         petitioners have no criminal antecedent.

                                      5. Learned APP for the State opposes the prayer for

                         anticipatory bail application.

                                      6. Regard being had to the submission made by the

                         parties, taking into consideration the fact that illicit liquor has

                         not been recovered from the constructive possession of the

                         petitioners, accordingly, this Court is inclined to grant

                         anticipatory bail to the petitioner.

                                      7. Let the petitioners, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below within a period of four weeks from today on

                         furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each

                         with two sureties of the like amount each to the satisfaction of

                         learned Special Judge, Excise Court No.1, East Champaran,

                         Motihari in connection with Malahi P.S. Case No.275 of 2025

                         subject to the condition as laid down under Section 482(2) of

                         the B.N.S.S., 2023.



                                                                   (Ajit Kumar, J)
shikha/-

U          T

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