Patna High Court

Dilip MahtoversusThe State of Bihar

Decided: 9 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail is granted to the petitioner subject to specified conditions.

Summary

Dilip Mahto was arrested in connection with the recovery of 85 litres of illicit liquor under Section 30(a) of the Bihar Excise and Prohibition Act. He applied for bail, claiming innocence, a clean criminal record, and offering to donate Rs. 25,000 to a charitable organization. The State opposed the bail. The High Court, after considering the facts and submissions, granted bail on the condition of a Rs.10,000 bond with two sureties, a Rs.25,000 deposit to Ramakrishna Mission Ashram, regular attendance at the police station, and verification of his antecedents. The order expressly limited its observations to the bail application and did not prejudice the merits of the trial. The bail bonds are to be accepted upon verification of the charitable receipt.

Issues considered

Whether bail should be granted to the accused in a case of illicit liquor under Section 30(a) of the Bihar Excise and Prohibition Act
Whether the petitioner’s claim of a clean antecedent and willingness to make a charitable donation justify bail
What conditions are appropriate for granting bail in such offences

Subjects

bail
illicit liquor
excise law
criminal procedure
surety
charitable donation
antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23591 of 2026
                        Arising Out of PS. Case No.-21 Year-2026 Thana- PUSA District- Samastipur
                 ======================================================
                 Dilip Mahto Son of Murat Mahto Resident Of Village- Bishanpur Bthua,
                 Ward no. 6, Ps- Pusa Dist- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Piyush Kumar Pandey
                 For the Opposite Party/s :        Mr. Madhuri Lata
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Pusa

                   P.S. Case No. 21 of 2026 registered for the offence under

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

                                 3. The recovery is of 85 liters of illicit liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 8.3.2026. He

                   further submits that the petitioner has no criminal antecedent.

                                 5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.

                                 6. Learned APP appearing for the State opposes the

                   prayer for bail of the petitioner.
Patna High Court CR. MISC. No.23591 of 2026(2) dt.09-04-2026
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                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned concerned

          Court below in connection with Pusa P.S. Case No. 21 of 2026.

                        8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce

          the receipt of the same before the Court below. The bail bonds

          of the petitioner shall be accepted after verifying the

          genuineness of the receipt produced by the petitioner.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at Pusa

          Police Station on first and third Sunday of each month. Any

          default in appearance at the police station will result in

          cancellation of bail bonds of the petitioner.

                       10. As the petitioner claims to have clean 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 then the

          bail bonds of the petitioner shall not be accepted.
          Patna High Court CR. MISC. No.23591 of 2026(2) dt.09-04-2026
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                                 11. 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

                    expressed any opinion on the merits of the case.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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