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Patna High Court

Subhash Mahto @ Subhash Kumar @ Subash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the bail application, directing release on bail with specified conditions.

Summary

The petitioner, Subhash Mahto, was arrested on 17 January 2026 for possession of 100 litres of illicit liquor, alleged to violate several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act. He claimed a clean antecedent and offered to donate Rs. 25,000 to a charitable organization as part of his bail undertaking. The State opposed the bail, citing the seriousness of the offences. The High Court, after considering the custody period, the nature of the offences, and the petitioner's submissions, granted regular bail on a bond of Rs. 10,000 with two sureties, subject to specific conditions including the charitable donation, monthly police attendance, and verification of antecedents. The court clarified that its observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether bail should be granted for offences under Sections 317(5), 318(4), 338, 336(3), 340(2), 3(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s undertaking to donate Rs. 25,000 to a charitable organization can be imposed as a condition of bail.
  • Whether the bail bond amount and surety requirements are appropriate given the nature of the alleged offences.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • conditions of bail
  • charitable donation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19538 of 2026
                     Arising Out of PS. Case No.-45 Year-2026 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Subhash Mahto @ Subhash Kumar @ Subash Kumar S/O Shivnath Mahato
                 @ Shivnath Mahto Resident of Village- Purbi Dahiyawan, P.S. - Chapra
                 Town, District - Saran.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Adarsh Ranjan
                 For the Opposite Party/s :      Mr. Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   31-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The present application has been filed seeking

                   regular bail in connection with Nagar P.S. Case No. 45 of 2026,

                   registered for offences punishable under Sections 317(5),

                   318(4), 338, 336(3), 340(2), 3(5) and 61(2) of the Bharatiya

                   Nyaya Sanhita, 2023, and Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. As per the prosecution case, 100 liters of illicit

                   liquor have been recovered from the possession of the petitioner.

                   The petitioner is in custody since 17.01.2026 and claims clean

                   antecedent.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.19538 of 2026(2) dt.31-03-2026
                                            2/3




          petitioner undertakes to donate a sum of Rs. 25,000/- (Rupees

          Twenty-Five Thousand only) to a charitable organization,

          without prejudice to his defence and without admitting guilt.

                       5. Learned APP for the State has opposed the prayer

          for bail.

                       6. Having considered the facts and circumstances of

          the case, the period of custody, and the submissions advanced

          on behalf of the parties, the application is allowed.

                       7. Accordingly, the petitioner is directed to be released

          on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten

          Thousand only) with two sureties of the like amount each to the

          satisfaction of the learned Court concerned where the case is

          pending/successor court in connection with Nagar P.S. Case No.

          45 of 2026, subject to the following conditions:

                                       (I). The petitioner shall deposit a sum of
                          Rs. 25,000/- (Rupees Twenty-Five Thousand only)
                          with Ramakrishna Mission Ashrama, Latu Maharaj
                          Path, opposite Circuit House, Chapra, Bihar, and
                          shall produce a valid receipt thereof before the
                          court below. The bail bonds shall be accepted only
                          after verification of the genuineness of the said
                          receipt.

                                       (ii). The petitioner shall mark his
                          attendance at Chapra Town Police Station on every
                          Sunday of each month. In the event of default, the
            Patna High Court CR. MISC. No.19538 of 2026(2) dt.31-03-2026
                                                        3/3




                                      bail bonds shall be liable to be cancelled.

                                                   (iii). At the time of acceptance of bail
                                      bonds, the court below shall verify the antecedents
                                      of the petitioner. The bail bonds shall be accepted
                                      only upon confirmation that the petitioner has no
                                      criminal antecedent. However, such verification
                                      shall not be used as a ground to unnecessarily
                                      delay acceptance of the bail bonds.



                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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