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Patna High Court

Ram Babu MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that continued detention would be punitive pre‑trial incarceration and contrary to Article 21, and thus granted bail to the petitioner.

Summary

Ram Babu Mahto was arrested in connection with Mashrakh P.S. Case No. 583 of 2022 for offences under Sections 272, 273, 328, 308, 304 and 120(B) of the Indian Penal Code and Sections 30(a), 33 and 34 of the Bihar Prohibition and Excise Act. He has been in judicial custody since 14 June 2025 and this was his second bail application after a prior denial. The petitioner argued that continued pre‑trial detention violated his fundamental right to liberty under Article 21 of the Constitution. The State opposed bail, citing the seriousness of the charges. The Court held that prolonged detention would amount to punitive pre‑trial incarceration and was contrary to the spirit of Article 21, and therefore granted bail subject to monetary and personal conditions. The bail order required a bond of Rs. 15,000 with two sureties and imposed conditions regarding appearance, non‑tampering with evidence, non‑commission of similar offences, and restriction on leaving the jurisdiction.

Issues considered

  • Whether the petitioner is entitled to bail despite the gravity of the offences and prior denial of bail
  • Whether continued pre‑trial detention infringes the petitioner’s right to liberty under Article 21
  • Whether the conditions imposed for bail are appropriate and sufficient

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • Indian Penal Code
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.20983 of 2026
                       Arising Out of PS. Case No.-583 Year-2022 Thana- MASHRAK District- Saran
                 ======================================================
                 Ram Babu Mahto S/O Late Hira Mahto @ Hiralal Mahto R/O Village- Doila,
                 P.S- Isuapur, District - Saran at Chapra.
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rabindra Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   03-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2.      The petitioner seeks bail in connection with

                   Mashrakh P.S. Case No. 583 of 2022, instituted for the offences

                   under Sections 272, 273, 328, 308, 304 and 120(B) of the Indian

                   Penal Code, read with Sections 30(a), 33 and 34 of the Bihar

                   Prohibition and Excise Act.

                           3.      This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected by this Court vide order dated

                   03.09.2025 passed in Cr. Misc. No. 47717 of 2025 taking into

                   consideration the nature and gravity of the offence.

                           4.      Learned counsel for the petitioner submits that the

                   petitioner is languishing in judicial custody since 14.06.2025
Patna High Court CR. MISC. No.20983 of 2026(2) dt.03-04-2026
                                            2/3




          without any rhymes or reason and has got four criminal

          antecedents. It is submitted that charge-sheet has been submitted

          in this case as also cognizance has been taken and charge has

          been framed against the petitioner. It is next submits that out of

          thirty-nine witnesses, only one witness has been examined in

          this case. Learned counsel for the petitioner further submits that

          the continued incarceration of the petitioner without conclusion

          of trial amounts to a gross violation of the fundamental right

          guaranteed under Article 21 of the Constitution of India, which

          reiterated by Hon’ble Apex Court in plethora of Judgments.

                  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, charge has been framed against the petitioner, the

          period of custody undergone by the petitioner and taking into

          account the fact that continued detention of the petitioner would

          serve no purpose other than punitive pretrial incarceration,

          which is antithetical to the spirit of Article 21 of the

          Constitution of India, this Court is inclined to grant bail to the

          petitioner.

                   7.     Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
             Patna High Court CR. MISC. No.20983 of 2026(2) dt.03-04-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Mashrakh P.S. Case

                       No. 583 of 2022, 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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