Patna High Court

Mithilesh MahtoversusThe State of Bihar

Decided: 15 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner, directing the furnishing of a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Mithilesh Mahto, was arrested in connection with a case alleging that he, along with two others, transported sixteen gunny bags of urea on a bike and four bicycles, an offence punishable under Section 7 of the Essential Commodities Act. The petitioner contended that the prosecution's version was implausible, arguing that three persons could not operate one bike and four cycles, that the seizure list lacked a description of the urea, and that he is not a PDS dealer and has no criminal record. He further asserted that the urea was under the responsibility of another individual, Mukesh Kumar, and that he has been in judicial custody since 12 August 2025. The State opposed the bail application. After hearing both sides, the Court found merit in the petitioner's arguments and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

Whether the petitioner is entitled to bail in a case under Section 7 of the Essential Commodities Act.
Whether the factual allegations against the petitioner justify continued detention.

Legislation cited

Essential Commodities Act — s. 7

Subjects

bail
Essential Commodities Act
urea
false implication
criminal antecedent
PDS dealer
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89809 of 2025
                     Arising Out of PS. Case No.-121 Year-2025 Thana- KANHAULI District- Sitamarhi
                 ======================================================
                 Mithilesh Mahto S/o Yogi Mahto R/o Village- Dhangadda (Gonarawa), Ward
                 No.4, P.S- Hirapur Barage, Dist- Sarlahi (Nepal).

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-01-2026                  Heard Mr. Ashok Kumar Jha, learned counsel for the

                   petitioner and Mr. Parmeshwar Mehta, learned APP for the State.

                                2. The petitioner has prayed for bail in connection with

                   Kanhauli P.S. Case No. 121 of 2025 registered for the offence

                   punishable under Section 7 of the E.C. Act.

                                3. The case of the prosecution in short is that three

                   persons on a bike and four cycles were carrying 16 gunny bags of

                   Urea. They were apprehended and identified as the petitioner and

                   two others.

                                4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner submits that one bike and four bicycles

                   can’t be operated by three persons. According to the FIR, there
           Patna High Court CR. MISC. No.89809 of 2025(2) dt.15-01-2026
                                                       2/2




                     were 16 gunny bags of urea fertilizer being carried on the cycle

                     and the bicycles. It has also been submitted that from the perusal

                     of the seizure list, it is clear that there is no description regarding

                     the urea fertilizer. He also submits that the said urea was left on

                     the responsibility of one Mukesh Kumar. He further submits that

                     the petitioner is not a PDS dealer and the story of the prosecution

                     is highly improbable. He further submits that a statement has been

                     made in para 3 of the petition that petitioner has no criminal

                     antecedent and he is languishing in judicial custody since

                     12.08.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail.          The above named

                     petitioner is directed to be enlarged on bail on furnishing bail bond

                     of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the

                     like amount each to the satisfaction of the learned SDJM, Sadar

                     Sitamarhi in connection with Kanhauli P.S. Case No. 121 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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