Patna High Court
Tetari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners, subject to surety and conditions of appearance.
Summary
The petitioners, a group of women and one man from Madanpur Bintoli, were charged in PS Awtarnagar case No. 65 of 2024 for a series of offences under the Indian Penal Code and the Bihar Prohibition and Excise Act, stemming from a police raid that recovered 20 litres of liquor and an alleged assault on police to free co‑accused Suresh Mahto. The prosecution alleged that the petitioners participated in the attack, while the petitioners contended they were falsely implicated, had no incriminating material in their possession, and possessed no prior criminal record. They also pointed out the lack of compliance with Section 103 of the Bihar Narcotic Substitution Scheme, 2023, and argued that the co‑accused had already been granted regular bail. The State opposed the bail application, citing the seriousness of the charges. After considering the circumstances, the court decided to grant bail to the petitioners subject to monetary surety and conditions of appearance.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the IPC and Bihar Prohibition and Excise Act.
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023 warrants continued detention.
- Whether the prosecution has produced sufficient material to justify denial of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
- Indian Penal Code — s. 147, 148, 149, 224, 225, 307, 323, 332, 333, 341, 353, 504, 506
Subjects
- bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- pre‑trial detention
- Section 103 compliance
- police raid
- assault on police
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15630 of 2026
Arising Out of PS. Case No.-65 Year-2024 Thana- AWTARNAGAR District- Saran
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1. Tetari Devi W/O Hari Mahto R/O Vill.- Madanpur Bintoli, P.S.-Awatarnagar,
Dist.- Saran
2. Sunaina Devi W/O Vinod Mahto R/O Vill.- Madanpur Bintoli, P.S.-
Awatarnagar, Dist.- Saran
3. Devmuni Devi W/O Amawas Mahto R/O Vill.- Madanpur Bintoli, P.S.-
Awatarnagar, Dist.- Saran
4. Lakhmuniya Devi @ Laxminiya Devi @ Laxmina Devi W/O Nagina Mahto
R/O Vill.- Madanpur Bintoli, P.S.-Awatarnagar, Dist.- Saran
5. Birbal Mahto S/O Nagina Mahto R/O Vill.- Madanpur Bintoli, P.S.-
Awatarnagar, Dist.- Saran
6. Seeta Devi @ Sema Devi W/O Late Ramji Mahto @ Late Ramjee Mahto
R/O Vill.- Madanpur Bintoli, P.S.-Awatarnagar, Dist.- Saran
7. Prabhawati Devi W/O Amawas Mahto R/O Vill.- Madanpur Bintoli, P.S.-
Awatarnagar, Dist.- Saran
8. Sona Devi W/O Ramji Mahto R/O Vill.- Madanpur Bintoli, P.S.-
Awatarnagar, Dist.- Saran
9. Ramjee Mahto @ Bhagwan Mahto S/O Late Ramprit Mahto R/O Vill.-
Madanpur Bintoli, P.S.-Awatarnagar, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in Awtarnagar P.S. case
No. 65 of 2024 instituted for the offences under Sections 147,
148, 149, 224, 225, 341, 323, 353, 307, 332, 333, 504, 506 of
Patna High Court CR. MISC. No.15630 of 2026(2) dt.11-03-2026
2/3
the Indian Penal Code and Sections 30(a) and 45 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that on secret
information, a raid was conducted in which 20 liters liquor was
recovered from the house of co-accused Suresh Mahto and he
was apprehended. It is further alleged that when the police
proceeded with co-accused Suresh Mahto and seized the liquor,
the accused persons along with petitioners attacked on police
party and forcibly got released co-accused Suresh Mahto from
police custody.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioners. The petitioners
have got no concern with the alleged recovery of liquor. It is
further submitted that the names of the petitioners have
transpired on the basis of secret information. No specific overt
act is alleged against the petitioners. The petitioner No. 5 is in
custody since 03.11.2025 whereas other petitioners are in
custody since 01.11.2025 and all the petitioners have got no
criminal antecedent. Charge-sheet has been submitted in this
case. There is no compliance of Section 103 of B.N.S.S., 2023.
Patna High Court CR. MISC. No.15630 of 2026(2) dt.11-03-2026
3/3
Co-accused have been granted regular bail by this Bench vide
order dated 11.12.2025 passed in Cr. Misc. No. 80862 of 2025.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Awtarnagar P.S.
case No. 65 of 2024 subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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