Patna High Court
Mantu NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner with specified bond, sureties, appearance condition, and a cost order.
Summary
Mantu Nut was charged under several IPC sections and the Bihar Prohibition and Excise Act for allegedly recovering 75 litres of liquor. He had earlier been granted anticipatory bail on the condition that his criminal antecedents be verified, but he concealed that he was already an accused in multiple cases. After the verification, he was taken into custody on 2 September 2025 and a charge‑sheet was filed. The State opposed further bail, citing his numerous similar antecedents, while the petitioner sought release. The High Court, noting the concealment and the time already spent in custody, granted bail on a Rs.25,000 bond with two sureties, imposed a condition of personal appearance, and ordered a cost of Rs.25,000 to be donated to Mahavir Cancer Sansthan.
Issues considered
- Whether bail should be granted to the petitioner despite concealment of multiple criminal antecedents
- Whether the conditions imposed on bail, including a monetary cost, are justified
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 325, 332, 333, 341
Subjects
- bail
- anticipatory bail
- criminal antecedents
- Indian Penal Code
- Bihar Prohibition and Excise Act
- liquor seizure
- cost order
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81894 of 2025
Arising Out of PS. Case No.-746 Year-2023 Thana- MADHAURAH District- Saran
======================================================
Mantu Nut S/o Daharu Nut Resident of Village- Vajit Bhorha, P.S.-
Marhowrah, District- Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kanchan Kumari, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 147, 148, 149, 341, 323,
325, 332, 333, 307 of the Indian Penal Code and Section 30(a)
of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the allegation is of
recovery of 75 litres of liquor from the place near a canal.
4. Learned counsel for the petitioner submits that
the petitioner was granted the privilege of anticipatory bail by a
Co-ordinate Bench of this Court vide order dated 30.08.2024
passed in Cr. Misc. No.44274 of 2024, however, with the
condition that his criminal antecedents would be verified and in
case more than two criminal antecedents would be found, the
bail order would not be given effect to. It has been further
Patna High Court CR. MISC. No.81894 of 2025(4) dt.18-02-2026
2/3
submitted that on some wrong instruction and communication
gap it was stated that the petitioner is accused in only two
cases, whereas at the time when the anticipatory bail was
granted to the petitioner, he was an accused in four cases of
Excise Act. However, he has submitted that subsequently he
was made an accused in other cases in the year 2024 and 2025
and in most of the cases with an allegation that the person, who
was found fleeing away was identified to be this petitioner. It is
on the ground of other criminal antecedents that the petitioner
could never fill the bail bonds and he went into custody. Now,
he has remained in custody since 02.09.2025 and charge-sheet
has been submitted.
5. Learned APP for the State opposed the grant of
bail on the ground that the petitioner has several criminal
antecedents of similar nature.
6. Taking into consideration the facts and
circumstances and considering that the petitioner has now
remained in custody since 02.09.2025 and charge-sheet has
been submitted, let the above named petitioner, be released on
bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Exicsae Judge-2,
Patna High Court CR. MISC. No.81894 of 2025(4) dt.18-02-2026
3/3
Saran at Chapra/concerned Court below in connection with
Marhowrah P.S. Case No. 746 of 2023 subject to condition
that:-
(i) The petitioner shall remain physically
present in court on each and every date during the
proceedings of this case, failing which his bail bonds
shall be liable to be cancelled by the learned court
concerned.
7. However, taking into consideration the conduct of
the petitioner of concealing his criminal antecedent and thus,
wasting the time and energy of the judicial process, it would be
in the interest of justice, if the petitioner is imposed a cost of
Rs.25,000/- (Rupees Twenty Thousand) to be deposited in the
account of Mahavir Cancer Sansthan, Patna, bearing Account
No.3332964762, IFSC Code: CBIN0282779, Central Bank of
India, Chitkohra Branch, Patna.
8. The bail bond of the petitioner shall be accepted by
the learned Trial Court on showing receipt of deposit of the
aforesaid amount in the account of Mahavir Cancer Sansthan,
Patna.
(Soni Shrivastava, J)
anand/-
U T
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