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Patna High Court

Surendra Mahto @ Suresh MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to a cash bond and specified conditions.

Summary

Surendra Mahto was arrested in connection with a case involving the alleged recovery of 20 litres of liquor from his residence and an alleged assault on police officers by co‑accused. He faces multiple IPC charges (sections 147, 148, 149, 224, 225, 341, 323, 353, 307, 332, 333, 504, 506) and provisions of the Bihar Prohibition and Excise Act. The petitioner contended that he was implicated only on suspicion, had no incriminating material in his possession, no prior criminal record, and that other co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the offences. The High Court, after considering the circumstances and the period of custody, granted bail subject to a cash bond and several conditions, including appearance in court and non‑tampering with evidence.

Issues considered

  • Whether bail should be granted to the petitioner despite the seriousness of the IPC offences and the alleged assault on police
  • Whether the petitioner’s arrest on mere suspicion and lack of incriminating material justify bail

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • prohibition law
  • criminal procedure
  • serious offences
  • police assault
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15961 of 2026
                     Arising Out of PS. Case No.-65 Year-2024 Thana- AWTARNAGAR District- Saran
                 ======================================================
                 Surendra Mahto @ Suresh Mahto S/o Kechul Mahto R/OI village- Madanpur
                 Bindtoli, P.S- Awtarnagar, 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. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-03-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Awtarnagar P.S. Case No. 65 of 2024, instituted for the offences

                   punishable under Sections 147, 148, 149, 224, 225, 341, 323,

                   353, 307, 332, 333, 504, 506 of the Indian Penal Code, read

                   with Sections 30(a) and 45 of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case, in short, is that 20 litres

                   liquor was recovered from the house of petitioner. It is further

                   alleged that when the police proceeded with the petitioner, the

                   co-accused persons along with other FIR named accused

                   persons attacked the police party.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.15961 of 2026(2) dt.11-03-2026
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          petitioner is innocent and has falsely been implicated in the

          present case. No incriminating material has been recovered from

          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the petitioner has been

          arrested only on the basis of suspicion. It is next submitted that

          the alleged recovery has been made from the joint house of the

          petitioner where other family members also reside. No specific

          accusation of overt act has been alleged against the petitioner.

          The petitioner is in custody since 01.12.2025 and has got no

          criminal antecedent. Learned counsel for the petitioner further

          submits that other co-accused have been granted regular bail by

          this Court vide order dated 06.02.2026 passed in Cr. Misc. No.

          9119 of 2026. There is no compliance of Section 103 of the

          Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail after

          framing of charge, if not already framed, on furnishing
             Patna High Court CR. MISC. No.15961 of 2026(2) dt.11-03-2026
                                                         3/3




                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) 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 petitioner.

                                     (II) The petitioner shall appear on each and every date

                       fixed at the trial and shall not remain absent on two consecutive

                       dates without sufficient cause.

                                     (III) The petitioner will not tamper with the evidence

                       or the witnesses during the trial.

                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                     (V) The petitioner shall not leave the territorial

                       jurisdiction of the learned Court below without taking prior

                       permission of the Court concerned.

                                     If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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