Patna High Court

Dilip Mahto @ Dilip Rai @ Kari MahtoversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted as the alleged liquor was recovered from an open place and no material directly implicates the petitioner, subject to prescribed conditions.

Summary

The petitioner, Dilip Mahto, sought bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 80 litres of liquor recovered from an open place. An earlier anticipatory bail application had been withdrawn. The petitioner claimed innocence, arguing no incriminating material linked him to the liquor and that the recovery was from a publicly accessible area. The State opposed bail, citing the petitioner’s custody since 10‑01‑2026 and three prior criminal antecedents, and alleged non‑compliance with Section 103 of the BNSS, 2023. Considering the circumstances, the court granted bail subject to a bond of Rs.15,000 with two sureties and conditions regarding family surety and appearance in court.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and alleged non‑compliance with Section 103 of the BNSS, 2023
Whether the recovery of liquor from an open place establishes sufficient link to the petitioner to deny bail

Legislation cited

BNSS, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
anticipatory bail
criminal procedure
Section 103 BNSS 2023
liquor possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10168 of 2026
                    Arising Out of PS. Case No.-134 Year-2025 Thana- MANJHAUL District- Begusarai
                 ======================================================
                 Dilip Mahto @ Dilip Rai @ Kari Mahto Son of Maheshwar Mahto Resident
                 of village- Manjhaul-3, Ward No- 10 P.S- Manjhaul Dist- Begusarai

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nakul Kumar Jamuar, Advocate
                 For the Opposite Party/s :      Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with

                   Manjhaul PS Case No. 134 of 2025 instituted for the offences

                   under Section/s 30(a) of the Bihar Prohibition and Excise Act.

                   Earlier vide order dated 21.01.2026, passed in Cr. Misc. No.

                   1580 of 2026, anticipatory bail of the petitioner was dismissed

                   as withdrawn by a Co-ordinate Bench of this Court.

                           3.       The prosecution case, in short, is that 80 liters

                   liquor was recovered from two bags.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.10168 of 2026(2) dt.13-02-2026
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          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. It is submitted

          that recovery is from an open place, which is accessible to one

          and all. The petitioner is in custody since 10.01.2026 and has

          got three criminal antecedent/s. There is no compliance of

          Section 103 of the BNSS, 2023.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                  7.      Let the petitioner be released on bail, after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs.15,000/- (Fifteen thousand) with two sureties of the like

          amount each to the satisfaction of Court below/concerned Court

          in connection with Manjhaul PS Case No. 134 of 2025, subject

          to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two

          consecutive dates, the Trial Court will have liberty to cancel the
           Patna High Court CR. MISC. No.10168 of 2026(2) dt.13-02-2026
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                     bail bonds of the petitioner.



                                                                 (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T

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