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Patna High Court

Satish Mahto @ Satish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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