Patna High Court
Dharmendra MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Dharmendra Mahto, was arrested in connection with an excise case where 60 litres of country‑made liquor was recovered from a jute sack. He asserted that he was falsely implicated, noting that no incriminating material was found in his possession and that the recovery occurred in an open area accessible to all. The prosecution opposed his bail application, while the petitioner had one prior criminal antecedent and had been in custody since 23‑Nov‑2025. The court observed that Section 103 of the BNSS, 2023 had not been complied with and considered the length of custody. Weighing these factors, the court granted bail on a bond of Rs.15,000 with two sureties. The order disposed of the bail petition.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite the alleged liquor seizure and prior criminal antecedent
- Whether the non‑compliance with Section 103 of the BNSS, 2023 warrants denial of bail
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS 2023
- Section 103
- criminal antecedent
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90817 of 2025
Arising Out of PS. Case No.-3490 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Dharmendra Mahto Son of Ramnath Mahto Resident of Village- Chhoti
Pahari, Ward NBo. 56, P.S.- Agam Kuan, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Khushi Awadh, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Patna
Excise PS Case No. 3490 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 60 liters
country made liquor was recovered from jute sack.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is from an open place, which is accessible to one
Patna High Court CR. MISC. No.90817 of 2025(2) dt.12-01-2026
2/2
and all. The petitioner is in custody since 23.11.2025 and has
got one criminal antecedent/s. There is no compliance of
Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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 and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Patna Excise PS
Case No. 3490 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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