Created by Fuzzy Cloud

Patna High Court

Raman MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioner is entitled to regular bail, subject to a bond of Rs.5,000 and two sureties.

Summary

The petitioner, Raman Mahto, was charged under IPC sections 272, 273, 414 and 34, and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, for allegedly recovering 629.64 litres of liquor from five motorcycles. He has seven prior cases, six under the Excise Act, but was not arrested at the scene and no liquor was found in his possession. The prosecution’s case relied on a confessional statement made by Nikhil Anand @ Golu while in police custody, which the petitioner’s counsel argued lacks evidentiary value. The State opposed regular bail, while the petitioner’s counsel sought release, noting the lack of direct possession and the questionable reliability of the confessional statement. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a Rs.5,000 bond with two sureties, directing compliance with the trial court’s conditions.

Issues considered

  • Whether the confessional statement recorded in police custody can be relied upon to deny bail.
  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences and his prior criminal history.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • excise law
  • confessional statement
  • police custody
  • surety
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17319 of 2026
                      Arising Out of PS. Case No.-50 Year-2023 Thana- DEODHA District- Madhubani
                 ======================================================
                 Raman Mahto Son of Matwar Mahto Resident of Village -Datuar PS
                 -Khajauli Dist -Madhubani
                                                                   ... ... Petitioner/s
                                           Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar Sah, Advocate
                                                  Ms. Archna Anand, Advocate
                 For the Opposite Party/s :       Ms. Renu Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-04-2026                   1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                 2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 272, 273 and 414/34 of the

                   Indian Penal Code as well as Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases out of which six cases

                   are under the Excise Act and allegation is of recovery of 629.64

                   litres of liquor from five different motorcycles.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of any of the seized vehicles and
           Patna High Court CR. MISC. No.17319 of 2026(2) dt.10-04-2026
                                                       2/2




                     came to be implicated based on the confessional statement of

                     Nikhil Anand @ Golu in police custody which does not have

                     any evidentiary value in the eye of law. It is next submitted that

                     petitioner is in custody since 03.02.2026.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Five Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with

                     Deodha P.S. Case No. 50 of 2023.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.