Patna High Court
Doman Mahto @ Doma KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner subject to a bail bond, sureties, verification of clean antecedent, and attendance at the police station on a designated day.
Summary
The petitioner, Doman Mahto, was arrested in connection with a case involving illegal country‑made liquor and alleged mob violence against police, charged under multiple sections of the Bihar Non‑Original Statutes, the Bihar Prohibition and Excise Act and the Prevention of Damage Public Property Act. The petitioner claimed innocence, a clean antecedent, and sought regular bail, undertaking to cooperate with the trial. The State opposed the bail application. The High Court, after considering the facts, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to verify his clean antecedent before the bond is accepted. The Court also imposed a condition that the petitioner must appear at the police station on any Sunday of the month, with non‑appearance leading to cancellation of bail. Consequently, the petitioner was released on bail subject to these conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences charged.
- Whether the petitioner has a clean antecedent as required for bail.
- Whether the conditions imposed by the Court are appropriate and sufficient to ensure the petitioner’s cooperation with the investigation.
Subjects
- bail
- criminal procedure
- illegal liquor
- excise law
- mob violence
- clean antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85762 of 2025
Arising Out of PS. Case No.-153 Year-2025 Thana- PARBATTA District- Bhagalpur
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Doman Mahto @ Doma Kumar S/o Prahalad Mahto @ Prahalad Singh R/o
Village - Bind Toli, Raghopur, P.S - Parbatta, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajive Ranjan Singh, Advocate
For the Opposite Party/s : Mr.Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 06-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Parbatta P.S. Case No. 153/2025 registered for the offences
punishable under Sections 191(2)/190/115(2)/ 324(4)/ 109(1)/
132/ 262/ 263(a)/ 121(1)/ 352 of BNS and Section 30(a)/45 of
Bihar Prohibition and Excise Act and Section 3 of Prevention of
Damage Public Property Act.
3. As per the prosecution case, the police received
secret information about Sanjit Mahto and Shiv Kumar Mahto
dealing in country-made liquor. Police verified, apprehended
them, and seized 2.5 liters of Mahua liquor. The mob then
attacked the police, injured officers, damaged the police vehicle.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.85762 of 2025(4) dt.06-04-2026
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petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that petitioner has
clean antecedent and he is in custody since 13.09.2025. The
petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Judge-II,
Bhagalpur District- Bhagalpur /concerned Court below in
connection with Parbatta P.S. Case No. 153/2025.
8. At the time of accepting the bail bonds of the
petitioner, the Court below shall verify the statement of the
petitioner that he has clean antecedent. The bail bonds of the
petitioner shall only be accepted if it is found that he has clean
antecedent.
9. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Parbatta Police Station, District- Bhagalpur on any one Sunday
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of the month. Any default in appearance at the Police Station
will result in cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
tusharika/-
U T
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