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Patna High Court

Umesh Mahto @ Umesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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