Patna High Court
Sipahi Mahto @ Police MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner.
Summary
Sipahi Mahto was arrested in connection with a raid that recovered 20 litres of illicit liquor and alleged assault on police officers while freeing a co‑accused. He is charged under multiple sections of the Indian Penal Code (147,148,149,224,225,341,323,353,307,332,333,504,506) and sections 30(a) and 45 of the Excise Act. The petitioner argued that he has no criminal antecedents, nothing was found in his possession, and no specific overt act was attributed to him, contending that he has been falsely implicated. The State opposed bail, citing the seriousness of the offences. The Court, noting the filing of the charge‑sheet, the petitioner’s custody since 13‑10‑2025, and that co‑accused had already been granted bail, decided to grant bail on the condition of a Rs.15,000 bond with two sureties each. The order releases the petitioner pending trial.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the IPC and Excise Act.
Legislation cited
- Excise Act — s. 30(a), 45
- Indian Penal Code — s. 147, 148, 149, 224, 225, 307, 323, 332, 333, 341, 353, 504, 506
Subjects
- bail
- Indian Penal Code
- Excise Act
- false implication
- police raid
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6314 of 2026
Arising Out of PS. Case No.-65 Year-2024 Thana- AWTARNAGAR District- Saran
======================================================
Sipahi Mahto @ Police Mahto S/o Balmiki Mahto R/o Village - Madanpur
Bintoli, P.S.- Avtarnagar, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhawana Jha, Advocate
For the Opposite Party/s : Ms.Gulnar Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seek bail in connection with
Awtarnagar P.S. Case No. 65 of 2024 instituted for the offence
under Sections 147, 148, 149, 224, 225, 341, 323, 353, 307, 332,
333, 504 & 506 of the Indian Penal Code and Sections 30(a) & 45
of the Excise Act.
3. As per prosecution case, on secret information, a raid
was conducted in which 20 liters illicit liquor was recovered from
the house of co-accused, Suresh Mahto and he was apprehended. It
is further alleged that when the police proceeded with co-accused,
Suresh Mahto and seized the liquor the petitioners along with
other FIR named accused persons, attacked the police party and
forcibly got released co-accused Suresh Mahto from police
custody.
4. It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.6314 of 2026(2) dt.30-01-2026
2/2
the petitioner is in custody since 13.10.2025. Petitioner bears no
criminal antecedents, as per disclosure made in paragraph No. 3 of
the bail application.
5. It has been further submitted that petitioner has been
falsely implicated in the present case. Nothing has been recovered
from the conscious possession of the petitioner. No specific
accusation of overt act has been alleged against the petitioner.
Moreover, charge sheet has already been submitted. Other co-
accused have been granted bail by this Court vide order dated
11.12.2025, passed in Cr. Misc. No. 80862 of 2025.
6. Learned A.P.P. for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
7. Considering the aforesaid facts and circumstances of
the case, period of custody of the petitioners, charge sheet being
submitted and claim based on parity, this Court is inclined to grant
bail to the petitioners.
8. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Fifteeen Thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Awtarnagar P.S. Case
No. 65 of 2024.
(Rudra Prakash Mishra, J)
manish/-
U T
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