Sudish Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Sudish Mahto Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on regular bail in connection with Banjariya P.S. Case no.152 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1, Motihari, East Champaran.

Issue for consideration

Whether the petitioner should be enlarged on regular bail in connection with Banjariya P.S. Case no.152 of 2025 registered under Sections 274 and 275 of the Bharatiya Nyaya Sanhita and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

Court's answer

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the petitioner not having been arrested at the spot, his custody since 12.3.2025 and submission of chargesheet, the Court directs the petitioner to be enlarged on bail in connection with Banjariya P.S. Case no.152 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1, Motihari, East Champaran.

Detailed headnote1 paragraphs

Bail granted — Sudish Mahto v. The State of Bihar (Patna High Court, Criminal Miscellaneous No.35258 of 2025, decided 11-06-2025, Partha Sarthy, J): Petitioner sought regular bail in Banjariya P.S. Case no.152 of 2025 registered under Sections 274 and 275 of the Bharatiya Nyaya Sanhita and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016, arising out of recovery of 50 litres of country liquor from the bank of a river after a raid on secret information, with the petitioner identified by villagers and the Choukidar as one of three accused who had managed to escape and not having been arrested at the spot. Taking into account the allegations in the FIR, non-arrest at the spot, custody since 12.3.2025 and submission of the chargesheet, the Court enlarged the petitioner on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1, Motihari, East Champaran.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35258 of 2025

Arising Out of PS. Case No.-152 Year-2025 Thana- BANJARIA District- East Champaran

======================================================

Sudish Mahto S/O Durga Mahto Resident of village- Pachrukha, P.S.Banjariya, District- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 11-06-2025 1. Heard learned counsel for the parties.

The petitioner has preferred this application for

grant of regular bail in connection with Banjariya P.S. Case no.152 of 2025 registered under sections 274 and 275 of the Bharatiya Nyaya Sanhita and sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, on secret information having been received and a raid being conducted, it is stated that three accused persons managed to escape. On search, 50 litres of country liquor was recovered from the bank of the river. The villagers and the Choukidar identified the petitioner to be amongst the three accused persons who had managed to escape.

Learned counsel for the petitioner submits that no incriminating article was recovered from the petitioner’s

Patna High Court CR. MISC. No.35258 of 2025(2) dt.11-06-2025 2/2

possession. He has been falsely implicated in the case because of his antecedent. He has no concern with the seized liquor nor with the other co-accused and has been falsely implicated in the case because of village politics. He is in custody since 12.3.2025.

The application for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the petitioner not having been arrested at the spot, his being in custody since 12.3.2025 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Banjariya P.S. Case no.152 of 2025 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court no.1, Motihari, East Champaran.

(Partha Sarthy, J)

Saurabh/-