Patna High Court
Raman MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Indian Penal Code — s. 272, 273, 34, 414
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
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