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Patna High Court

Doman Mahto @ Doma KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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
              Patna High Court CR. MISC. No.85762 of 2025(4) dt.06-04-2026
                                                          3/3




                        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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