Patna High Court
Surendra Mahto @ Suresh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 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
- 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
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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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