Patna High Court
Shiv Kumar Mahato @ Shiv SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding that the circumstances did not warrant continued custody.
Summary
Shiv Kumar Mahato was arrested in connection with a case alleging possession of 2.5 litres of liquor and assault on police, charged under multiple sections of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was recovered from a public place, he had no direct involvement, no incriminating article was found on him, and there was no specific allegation of assault against him; he also highlighted his clean record and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita. The State opposed bail. Considering the absence of direct evidence, the petitioner’s custody since October 2025, and the lack of prior convictions, the Court inclined to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions regarding family surety, appearance in court, and non‑tampering with evidence or witnesses. The order reflects the Court’s assessment that the petitioner’s continued detention was not justified pending trial.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act
- Whether the lack of direct incriminating evidence and non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita preclude continued detention
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 121(1), 132, 190(2), 191(2), 262, 263(a), 324(4), 352
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- false implication
- assault on police
- Section 103
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.108 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- PARBATTA District- Bhagalpur
======================================================
Shiv Kumar Mahato @ Shiv Singh Son of Choota Roopan Singh @ Rupan
Singh Resident of Village/ Mohala- Raghopur, P.S.- Parbatta, District-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baijnath Sah, Advocate
For the Opposite Party/s : Ms. Anita Kumari, 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 Parbatta
P.S. Case No. 153 of 2025 instituted for the offences punishable
under Sections 191(2), 190(2), 115(2), 324(4), 109(1), 132, 262,
263(a), 121(1), 352 of the Bharatiya Nyaya Sanhita, 2023 and
30(a), 45 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 2.5 litres
of liquor has been recovered from plastic bottle. It is further
alleged that accused persons also assaulted the police party.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
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possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
petitioner has got no concern with the alleged recovery of
liquor. There is no specific allegation of assaulting the police
party against the petitioner. The petitioner is in custody since
16.10.2025 and has no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 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 Parbatta P.S. Case
No. 153 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
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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