Patna High Court

Mohan Dhangad @ Mohan MahtoversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Mohan Dhangad, sought anticipatory bail fearing arrest in a case (Manjhauliya P.S. Case No. 187 of 2019) under Sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, where 30 litres of liquor were recovered from his house. The prosecution’s case is based on a confessional statement of a co‑accused, but the petitioner claims he had no knowledge of the recovery and has no prior criminal record. He also argued that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court held that the circumstances, especially the recovery from the petitioner’s residence, did not warrant anticipatory bail and therefore rejected the petition. The Court, however, allowed the petitioner to surrender within six weeks and apply for regular bail, which would be decided on its merits.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the facts of the case.
Whether the recovery of liquor from the petitioner’s house and the confessional statement of a co‑accused constitute a prima facie case justifying denial of anticipatory bail.
Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, are applicable in this context.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

anticipatory bail
bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
confessional statement
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16790 of 2026
                 Arising Out of PS. Case No.-187 Year-2019 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Mohan Dhangad @ Mohan Mahto S/o Horil Dhangad @ Horil Mahto
                 Resident of Village - Lalsaraiya Bakhariya, Dhangad Toli, P.S.- Majhauliya,
                 District - West Champaran
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sitesh Kashyap, Advocate
                 For the Opposite Party/s :      Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER
2   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Manjhauliya P.S. Case No. 187 of 2019 instituted for the

                   offences punishable under Sections 30(a), 37(c) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 30 litres

                   of liquor was recovered from the house of the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   confessional statement of the apprehended co-accused. Learned

                   counsel further submitted that petitioner has no knowledge and

                   concern with the alleged recovery. Learned counsel further
           Patna High Court CR. MISC. No.16790 of 2026(2) dt.13-03-2026
                                                       2/2




                     submitted that the alleged recovery has been made from the

                     house of the petitioner where other family members also reside.

                     Learned counsel, therefore, submitted that prima-facie, no case

                     is made out against the petitioner. The petitioner has no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP 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 as also since the recovery has been made from the

                     house of the petitioner, in my view, this is not a fit case for

                     anticipatory bail, and hence, I am not inclined to grant

                     anticipatory bail to the petitioner.

                                  7. Accordingly, the prayer for grant of anticipatory

                     bail to the petitioner is, hereby, rejected.

                                  8. However, if the petitioner surrenders before the

                     learned court below within a period of six weeks from today and

                     prays for regular bail, the same shall be disposed of on its own

                     merit without being prejudiced by this order.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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