Patna High Court
Chandan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court allowed the bail application, granting regular bail on a bond with conditions.
Summary
Chandan Mahto was arrested for alleged involvement in illicit liquor sale and assaulting police officers, facing charges under multiple sections of the Indian Penal Code and the Bihar Prohibition and Excise Amendment Act. He claimed he was falsely implicated, that the injuries to police were minor, and that he had been in custody since 11 November 2025 while on bail in other cases. The State opposed his bail, citing the seriousness of the offences. The High Court considered the facts, the length of custody, and the petitioner’s assurances, and ordered that he be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties. The court imposed conditions that he must appear in court regularly and that bail may be cancelled if he reoffends. The application for bail was therefore allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite being charged with serious offences including assault on police officers
- Whether the circumstances of the case, such as the length of custody and alleged false implication, justify granting bail
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 333, 341, 353
Subjects
- regular bail
- Indian Penal Code
- Bihar Prohibition and Excise Amendment Act
- assault on police
- illicit liquor
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3883 of 2026
Arising Out of PS. Case No.-746 Year-2023 Thana- MADHAURAH District- Saran
======================================================
Chandan Mahto Son of Fuleshwar Mahto Resident Of Village - Piyarpurva,
P.S. - Marhowrah, Dist. - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
4 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Marhowrah P.S. Case
No. 746 of 2023 dated 03.12.2023 registered for the offences
punishable under Sections 147, 148, 149, 341, 323, 325, 333,
307 and 353 of the Indian Penal Code and Section 30(a) of the
Bihar Prohibition and Excise Amendment Act.
3. As per the prosecution case, on a secret information
that petitioner along with other persons is selling illicit liquor at
village Piyarpurwa, the informant and other police officers
reached at the spot. On seeing police, all the persons present
there tried to flee away and they managed to flee away.
Thereafter, all the accused persons including the petitioner came
Patna High Court CR. MISC. No.3883 of 2026(4) dt.06-04-2026
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and assaulted police party with lathi, bricks and rod. The
petitioner was identified among the 30 persons, who took part in
this offence.
4. Learned counsel for the petitioner submits that, in
fact, this petitioner has falsely been implicated by the police as
he was accused in some of the cases and there is general and
omnibus allegation against this petitioner. It has further been
submitted that the injuries sustained by the police personnel are
simple in nature and all the injuries are abrasions except one
person, who sustained lacerated wound which is on parietal
region, all the injuries were found to be simple in nature. It has
further been submitted that petitioner is on inimical terms with
the local chowkidar, who is identified the petitioner. It has
further been submitted that petitioner is in custody since
11.11.2025 after having been voluntarily surrender and he is
accused in six cases in which he is on bail in these cases. The
petitioner undertakes to co-operate in the trial.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as the period of custody, the petitioner above-named is
directed to be enlarged on bail on furnishing bail-bond of
Patna High Court CR. MISC. No.3883 of 2026(4) dt.06-04-2026
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Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Court concerned,
Saran at Chapra in connection with Marhowrah P.S. Case No.
746 of 2023.
7. It is made clear that petitioner be well represented
on each and every date fixed in the trial and failure to do so on
two consecutive dates, the court below would be at liberty to
cancel the bail bonds of the petitioner.
8. It is further directed that if the petitioner gets
involved subsequently in similar nature of offence, the State
would be at liberty to file appropriate application for
cancellation of bail bonds.
9. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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