Dharmendra Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25393 of 2026 Arising Out of PS. Case No.-313 Year-2025 Thana- JALALPUR District- Saran ====================================================== Dharmendra Mahto S/O Chandeshwar Mahto R/O Vill.- Inamipur, P.S.- Jalalpur, Dist.- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harsh Anuj, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Jalalpur P.S. Case no. 313 of 2025 instituted for the offence under Sections 30 (a) of the Bihar Prohibition and Excise Act, 2026.

3. The case of the prosecution, in short, is that during an input-based search conducted by the police, altogether 131 litres of country-made liquor was recovered from the possession of one Gayasuddin.

4. Learned counsel for the petitioner has submitted that petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that

Patna High Court CR. MISC. No.25393 of 2026(2) dt.15-05-2026 2/2 nothing has been recovered from the possession of the petitioner and his name has surfaced only on the basis of the statement of co-accused Gayasuddin. It is further submitted that the petitioner has criminal antecedents in two cases, out of which one is of similar nature.

5. Learned APP appearing for the State opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Jalalpur P.S. Case no. 313 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned 2nd Exclusive Special Excise Judge, Saran at Chapra, subject to the conditions as laid down under section 438(2) of the Cr.P.C/ Section 482 (2) of the BNSS. (Ashok Kumar Pandey, J) Jagdish/- U T