Patna High Court
Dhaneshwar @ Dhaneshwar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner, subject to monetary bond and conditions of appearance and conduct.
Summary
The petitioner, Dhaneshwar Mahto, was arrested in connection with the recovery of 637.20 litres of liquor from a house alleged to be his, under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating the premises were abandoned, he did not reside there, and no incriminating material was found in his possession. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, his five prior criminal antecedents, and the period of custody since 17‑11‑2025. The court, considering these facts, decided to grant bail after framing of charge, subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance and future conduct. The bail order was issued by Justice Rudra Prakash Mishra.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents and period of custody justify refusal of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- liquor seizure
- high court
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91286 of 2025
Arising Out of PS. Case No.-591 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
Dhaneshwar @ Dhaneshwar Mahto son of Late Ganesh Mahto Resident of
Village- Maulaganj Police Station- Leheriasarai District -Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Laheria
Sarai (L.Sarai) P.S. Case No. 591 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 637.20 liters
liquor was recovered from the house of the petitioner.
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. Learned counsel
Patna High Court CR. MISC. No.91286 of 2025(2) dt.19-01-2026
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for the petitioner also submits that the the alleged place of
recovery is in abandoned position and the petitioner does not
reside there. It is further submitted that the petitioner was not
arrested on spot. Name of the petitioner has transpired in this
case on the basis of disclosure made by local people. The
petitioner is in custody since 17.11.2025 and has got five
criminal antecedents. There is no compliance of Section 103 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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 after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
like amount each to the satisfaction of Court below/concerned
Court in connection with Laheria Sarai (L.Sarai) P.S. Case No.
591 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.91286 of 2025(2) dt.19-01-2026
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fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner is found involved in similar
nature of offence in future, the Trial Court will have the liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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