Patna High Court
Sikandar Mahto @ Sakindra MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 30(b), 30(c)
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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