Patna High Court
Dhaneshwar PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 with two sureties and conditions of monthly police station attendance and verification of antecedents.
Summary
The petitioner, Dhaneshwar Pandit, was arrested in connection with the recovery of 663 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He had been in custody since 14 February 2026 and disclosed one prior excise case as his only criminal antecedent. The petitioner applied for bail, and the High Court considered the nature of the offence, the amount of liquor seized, and his antecedent. The Court allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. Conditions were imposed that he must appear at the Jaynagar Police Station on the first Sunday of each month and that his antecedent be verified before the bail bonds are accepted. The order was limited to the bail application and did not express any opinion on the merits of the trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 considering the seizure of 663 litres of illicit liquor and the accused's prior antecedent.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19848 of 2026
Arising Out of PS. Case No.-76 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Dhaneshwar Pandit Son of Madhu Lal Pandit R/o Vilage - Parsa Ward No. 12,
P.S. - Jaynagar, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav
Mr. Rajesh Kumar
Mr.Ravi Prakash
For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Excise P.S. Sadar Case No. 76 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise Act,
2016.
3. As per the prosecution case, the recovery is of
663 liters of illicit liquor.
4. The petitioner is in custody since 14.02.2026
and he claims to have one criminal antecedent i.e. Excise P.S.
Sadar Madhubani (Letter) 72/26 Excise G.O. 1617 of 2025.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.19848 of 2026(3) dt.07-04-2026
2/2
the learned concerned Court below in connection with Excise
P.S. Sadar Case No. 76 of 2026.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Jaynagar Police Station on first Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
8. As the petitioner claims to have one antecedent,
the Court below, before accepting the bail bonds of the
petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case except
the present case and the one mentioned in paragraph 4 of the
present order then the bail bonds of the petitioner shall not be
accepted.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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