Patna High Court
Satish Mahto @ Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner with specified conditions.
Summary
Satish Mahto sought anticipatory bail after learning that he might be arrested in a case involving the seizure of 61.5 litres of illicit liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution claimed he fled the scene and was implicated as a co-accused. The petitioner maintained his innocence and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The High Court, applying Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS, allowed the bail application. It ordered a bail bond of Rs. 10,000 with two sureties, a deposit of Rs. 25,000 to the Ramakrishna Mission, and required the petitioner to appear at the police station every Sunday, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC and Section 482 BNSS in the alleged illicit liquor case.
- What conditions, if any, may be imposed on the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Amendment Act
- Code of Criminal Procedure
- BNSS
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37820 of 2026
Arising Out of PS. Case No.-137 Year-2026 Thana- BENIPATTI District- Madhubani
======================================================
Satish Mahto @ Satish Kumar S/o- Dinesh Mehto Resident of village- Baliya
ward no 12 P.S- Benipatti District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Subhash Kumar Jha
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Benipatti P.S. Case No. 137 of 2026 /
corresponding to G.R. No. 513 of 2026 registered for the
offence under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. As per the prosecution case, the recovery is of
61.500 liters of illicit liquor from the co-accused and the
petitioner is said to have fled away from the spot.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
5. Learned counsel for the petitioner submits that
the petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Considering the aforesaid facts, this application
is allowed.
Patna High Court CR. MISC. No.37820 of 2026(2) dt.16-06-2026
2/2
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the concerned Court
below in connection with Benipatti P.S. Case No. 137 of 2026 /
G.R. No. 513 of 2026, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Ashram, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
genuineness of the receipt produced by the petitioner.
9. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
attendance at Benipatti Police Station on every Sunday of each
month. Any default in appearance at the police station will result
in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.