Patna High Court
Mahesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that bail should be granted to the petitioner.
Summary
Mahesh Mahto applied for bail in a case registered under several sections of the B.N.S., 2023 and the Immoral Traffic (Prevention) Act, 1956 after police raided a hotel and rescued victim girls, finding him present in suspicious circumstances. The petitioner claimed innocence, stating that none of the victims identified him and that he has a clean antecedent, having been in custody since 18‑02‑2026. The State opposed bail, citing the seriousness of the offences. The court, considering the petitioner’s clean record and the length of his custody, decided to grant bail on a bond of Rs.10,000 with two sureties. The order was made clear to be prima facie and not an indication of the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the B.N.S., 2023 and the Immoral Traffic (Prevention) Act, 1956.
- Whether the petitioner’s clean antecedent and period of custody justify the grant of bail.
Legislation cited
- B.N.S., 2023 — s. 127(6), 143(3), 144(2), 61(2), 64
- Immoral Traffic (Prevention) Act, 1956 — s. 3, 4, 5, 6, 7, 8
Subjects
- bail
- criminal procedure
- immoral traffic
- narcotic offences
- clean antecedent
- police raid
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35149 of 2026
Arising Out of PS. Case No.-123 Year-2026 Thana- VAISHALI District- Vaishali
======================================================
Mahesh Mahto S/o- Late Banarash Mahto, R/o Village- Marar, P.S- Parsa,
District- Saran.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sandeep Patil, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 21-05-2026 The matter was heard via video conferencing mode.
2. Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
3. The petitioner seeks bail in connection with
Vaishali P.S. Case No. 123 of 2026, registered for the offences
punishable under Sections 127(6), 143(3), 144(2), 64 and 61(2) of
the B.N.S., 2023 and Sections 3, 4, 5, 6, 7 and 8 of Immoral
Traffic (Prevention) Act, 1956.
4. As per prosecution case, acting upon the secret
information the Police raided a hotel and from there victim girls
were rescued. The petitioner along with some other persons was
also found in the said premises in suspicious condition.
5. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. None of the victims took the name of the petitioner.
Patna High Court CR. MISC. No.35149 of 2026(2) dt.21-05-2026
2/2
Learned counsel lastly submits that petitioner has clean antecedent
and he is in custody since 18.02.2026.
6. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and also considering petitioner’s clean antecedent and
his period of custody, this Court is inclined to grant bail to the
petitioner.
8. Accordingly, let the petitioner, above-named, 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 District and Additional Sessions
Judge-II, Vaishali at Hajipur, in connection with Vaishali P.S. Case
No. 123 of 2026.
9. 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 observation 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.
(Ansul, J)
Shahnawaz/-
U T
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