Dilip Mahto @ Dilip Rai @ Kari Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10168 of 2026 Arising Out of PS. Case No.-134 Year-2025 Thana- MANJHAUL District- Begusarai ====================================================== Dilip Mahto @ Dilip Rai @ Kari Mahto Son of Maheshwar Mahto Resident of village- Manjhaul-3, Ward No- 10 P.S- Manjhaul Dist- Begusarai ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 13-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Manjhaul PS Case No. 134 of 2025 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act. Earlier vide order dated 21.01.2026, passed in Cr. Misc. No. 1580 of 2026, anticipatory bail of the petitioner was dismissed as withdrawn by a Co-ordinate Bench of this Court. 3.

The prosecution case, in short, is that 80 liters liquor was recovered from two bags.

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

Patna High Court CR. MISC. No.10168 of 2026(2) dt.13-02-2026 2/3 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 and all. The petitioner is in custody since 10.01.2026 and has got three 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, after framing of charge, if not already framed, 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 Manjhaul PS Case No. 134 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 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the

Patna High Court CR. MISC. No.10168 of 2026(2) dt.13-02-2026 3/3 bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T