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Patna High Court

Mantu NutversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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