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Patna High Court

Sikandar Mahto @ Sakindra MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Sikandar Mahto, was charged under Sections 30(a), (b) and (c) of the Bihar Prohibition and Excise Amendment Act, 2018 in Excise P.S. Case No. 223 of 2025. An earlier order had allowed his bail but the bail bonds were not accepted because of a mistaken submission regarding antecedents. The petitioner contended that the mistake was inadvertent, that there was no intention to suppress facts, and that he was suffering from serious illness. The court examined these submissions and found no substantive reason to deny bail. Consequently, the court ordered his release on bail upon furnishing a cash bond of Rs. 10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner despite the earlier procedural lapse in the acceptance of bail bonds
  • Whether the petitioner’s alleged mistake and ill health justify the grant of bail

Legislation cited

Subjects

  • bail
  • excise
  • prohibition act
  • criminal procedure
  • health
  • procedural lapse

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14853 of 2026
                  Arising Out of PS. Case No.-223 Year-2025 Thana- Excise Thana Hajipur District- Vaishali
                 ======================================================
                 Sikandar Mahto @ Sakindra Mahto S/o- Late Shivji Mahto Resident Of
                 Village- Diyara, Ps- Gangabridge, Dist- Vaishali

                                                                                      ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Shivjee Singh, Advocate
                 For the State             :        Mr.Arun Kumar Singh, APP
                 ======================================================
                 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

                   Hajipur Excise P.S. Case No. 223 of 2025 registered for the

                   offence punishable under Sections 30(a)(b),(c) of the Bihar

                   Prohibition and Excise Amendment Act, 2018.

                                 3. Earlier vide order dated 23.09.2025 passed in Cr.

                   Misc. No. 63799 of 2025, the bail application of the petitioner

                   was allowed but because of wrong submission about antecedent,

                   his bail bonds has not been accepted by the Court below.

                                 4. Learned counsel for the petitioner submits that the

                   deponent of the case has committed a mistake and there was no

                   intention of the petitioner to suppress the fact. He also submits

                   that the petitioner is extremely ill.
           Patna High Court CR. MISC. No.14853 of 2026(2) dt.25-02-2026
                                                       2/2




                                  5. Considering the above, this application is allowed.

                                  6. Let the petitioner, above named, be released on bail

                     on 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. II-cum- District and

                     Additional Sessions Judge, Vaishali at Hajipur/ concerned Court

                     in connection with Hajipur Excise P.S. Case No. 223 of 2025.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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