Created by Fuzzy Cloud

Patna High Court

Dhaneshwar @ Dhaneshwar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                         3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.