Patna High Court
Umesh Mahto @ Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted subject to a cash bond, two sureties and a condition to deposit Rs.25,000 in a charitable ashram.
Summary
The petitioner, Umesh Mahto, was arrested in connection with the seizure of 219.3 liters of country-made liquor and charged under Section 414 of the Indian Penal Code and Sections 30(a), 32, and 41(i) of the Bihar Prohibition and Excise Amendment Act. He had been in custody since 21‑12‑2025 and claimed innocence, offering to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed his bail application. The Court, after considering the facts and submissions, ordered his release on bail upon furnishing a cash bond of Rs.10,000 with two sureties of equal amount, and conditioned the bail on the deposit of Rs.25,000 in the Ramakrishna Mission Ashram with proof of receipt. The bail bonds were to be accepted after verification of the receipt.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under IPC Section 414 and the Bihar Prohibition and Excise Amendment Act.
Legislation cited
- Indian Penal Code — s. 414
Subjects
- bail
- IPC 414
- Bihar Prohibition and Excise Amendment Act
- illegal liquor
- criminal procedure
- charitable donation condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13649 of 2026
Arising Out of PS. Case No.-25 Year-2021 Thana- ADAPUR District- East Champaran
======================================================
Umesh Mahto @ Umesh Kumar Son of Late Kishundev Mahto Resident of
Village - Tinkoni, P.S.- Darpa, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Adapur P.S. Case No. 25 of 2021 registered for the offence
under Sections 414 of the Indian Penal Code and under Sections
30(a), 32, 41(i) of the Bihar Prohibition and Excise Amendment
Act.
3. The recovery is of 219.3 liters of country made
liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he is in custody since 21.12.2025.
5. Learned counsel for the petitioner submits that the
petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
Patna High Court CR. MISC. No.13649 of 2026(2) dt.25-02-2026
2/2
6. Learned APP appearing for the State opposes the
prayer for bail of the petitioner.
7. Considering the facts and circumstances of the
case and submissions of learned counsel for the petitioner, let
the petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Court No. 02 East Champaran at
Motihari/concerned Court below in connection with Adapur P.S.
Case No. 25 of 2021.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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