Patna High Court
Dhanu Mahto @ Dhane Mahto @ Dhanjee MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Dhanu Mahto, applied for bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He has three prior cases, one involving alleged recovery of 50 litres of liquor from a location adjacent to his house, but no liquor was found in his possession at the time of arrest. The petitioner contended that the police mechanically implicated him without proper investigation, and he had been in custody since 22‑12‑2025. The State opposed the bail. The court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, to be satisfied by the trial court where the case is pending.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 given the circumstances of alleged involvement and custody.
Subjects
- bail
- excise
- prohibition
- Section 30
- Bihar
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4030 of 2026
Arising Out of PS. Case No.-363 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Dhanu Mahto @ Dhane Mahto @ Dhanjee Mahto Son of Subedar Mahto R/o
Jan Tola, P.S. - Rivilganj/ Revilganj/Ribilganj, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases, out of which one case is
under the Excise Act and allegation is of recovery of 50 litres of
liquor from a place near the house of the petitioner. It is next
submitted that petitioner was not arrested from the spot as such
nothing was recovered from his conscious possession and even
alleged recovery is from a place which does not belong to the
petitioner but then is adjacent to his house and he came to be
implicated at the instance of local person but then it is submitted
Patna High Court CR. MISC. No.4030 of 2026(2) dt.30-01-2026
2/2
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either through
chowkidar, local person, confessional statement or secret
information without holding a proper investigation and the
petitioner is in custody since 22.12.2025.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Rivilganj
P.S. Case No.363/2025.
(Satyavrat Verma, J)
amit/-
U T
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