Patna High Court

Dharmendra MahtoversusThe State of Bihar

Decided: 15 May 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted anticipatory bail to the petitioner subject to specified conditions.

Summary

The petitioner, Dharmendra Mahto, filed an anticipatory bail application fearing arrest in a case (PS Case No. 313 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, 2026, where 131 litres of illicit liquor was seized from a co‑accused, Gayasuddin. The petitioner argued that no liquor was recovered from him and his name appeared only on the co‑accused’s statement, though he has prior criminal antecedents, including a similar offence. The State opposed the bail. After hearing both sides, the Patna High Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic and Smuggling (BNSS) Act.

Issues considered

Whether anticipatory bail can be granted under Section 438 CrPC in a case under the Bihar Prohibition and Excise Act, 2026.
Whether the petitioner’s prior criminal antecedents, including a similar offence, preclude the grant of anticipatory bail.
Whether the statement of a co‑accused is sufficient to implicate the petitioner for the purpose of denying bail.

Legislation cited

Bihar Narcotic and Smuggling Act (BNSS) — s. 482(2)
Bihar Prohibition and Excise Act, 2026 — s. 30(a)
Criminal Procedure Code — s. 438(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
illicit liquor
criminal antecedents
Section 438 CrPC
Section 482 BNSS
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25393 of 2026
                       Arising Out of PS. Case No.-313 Year-2025 Thana- JALALPUR District- Saran
                 ======================================================
                 Dharmendra Mahto S/O Chandeshwar Mahto R/O Vill.- Inamipur, P.S.-
                 Jalalpur, Dist.- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Harsh Anuj, Advocate
                 For the Opposite Party/s :       Mr.Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The instant application for anticipatory bail has

                   been filed         by the petitioner apprehending his arrest in

                   connection with Jalalpur P.S. Case no. 313 of 2025 instituted for

                   the offence under Sections 30 (a) of the Bihar Prohibition and

                   Excise Act, 2026.

                                3. The case of the prosecution, in short, is that during

                   an input-based search conducted by the police, altogether 131

                   litres of country-made liquor was recovered from the possession

                   of one Gayasuddin.

                                4. Learned counsel for the petitioner has submitted

                   that petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that
            Patna High Court CR. MISC. No.25393 of 2026(2) dt.15-05-2026
                                                        2/2




                      nothing has been recovered from the possession of the petitioner

                      and his name has surfaced only on the basis of the statement of

                      co-accused Gayasuddin. It is further submitted that the

                      petitioner has criminal antecedents in two cases, out of which

                      one is of similar nature.

                                   5. Learned APP appearing for the State opposed the

                      prayer of bail of the petitioner.

                                   6. Having heard learned counsel for the parties and in

                      the facts and circumstances of the case as stated above, this

                      Court is inclined to enlarge the petitioner on bail. The petitioner

                      is directed to surrender in the Court below within a period of

                      four weeks from today and in the event of his arrest or surrender

                      in connection with Jalalpur P.S. Case no. 313 of 2025, he will be

                      enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees

                      ten thousand) with two sureties of the like amount each to the

                      satisfaction of learned 2nd Exclusive Special Excise Judge, Saran

                      at Chapra, subject to the conditions as laid down under section

                      438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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