Patna High Court
Subhash Mahto @ Subhash Kumar @ Subash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 318(4), 336(3), 338, 340(2), 3(5), 61(2)
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
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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
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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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