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2026 DAILYLAW 8676 (PAT)

Tetari Devi v. The State of Bihar

CR. MISC./15630/2026 · 2026-03-11

R P Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15630 of 2026 Arising Out of PS. Case No.-65 Year-2024 Thana- AWTARNAGAR District- Saran ====================================================== 1. Tetari Devi W/O Hari Mahto R/O Vill.- Madanpur Bintoli, P.S.-Awatarnagar, Dist.- Saran 2. Sunaina Devi W/O Vinod Mahto R/O Vill.- Madanpur Bintoli, P.S.- Awatarnagar, Dist.- Saran 3. Devmuni Devi W/O Amawas Mahto R/O Vill.- Madanpur Bintoli, P.S.- Awatarnagar, Dist.- Saran 4. Lakhmuniya Devi @ Laxminiya Devi @ Laxmina Devi W/O Nagina Mahto R/O Vill.- Madanpur Bintoli, P.S.-Awatarnagar, Dist.- Saran 5. Birbal Mahto S/O Nagina Mahto R/O Vill.- Madanpur Bintoli, P.S.- Awatarnagar, Dist.- Saran 6. Seeta Devi @ Sema Devi W/O Late Ramji Mahto @ Late Ramjee Mahto R/O Vill.- Madanpur Bintoli, P.S.-Awatarnagar, Dist.- Saran 7. Prabhawati Devi W/O Amawas Mahto R/O Vill.- Madanpur Bintoli, P.S.- Awatarnagar, Dist.- Saran 8. Sona Devi W/O Ramji Mahto R/O Vill.- Madanpur Bintoli, P.S.- Awatarnagar, Dist.- Saran 9. Ramjee Mahto @ Bhagwan Mahto S/O Late Ramprit Mahto R/O Vill.- Madanpur Bintoli, P.S.-Awatarnagar, Dist.- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeet Kumar Singh, Advocate For the Opposite Party/s : Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 11-03-2026 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in Awtarnagar P.S. case No. 65 of 2024 instituted for the offences under Sections 147, 148, 149, 224, 225, 341, 323, 353, 307, 332, 333, 504, 506 of Patna High Court CR. MISC. No.15630 of 2026(2) dt.11-03-2026 2/3 the Indian Penal Code and Sections 30(a) and 45 of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that on secret information, a raid was conducted in which 20 liters liquor was recovered from the house of co-accused Suresh Mahto and he was apprehended. It is further alleged that when the police proceeded with co-accused Suresh Mahto and seized the liquor, the accused persons along with petitioners attacked on police party and forcibly got released co-accused Suresh Mahto from police custody. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. It is further submitted that the names of the petitioners have transpired on the basis of secret information. No specific overt act is alleged against the petitioners. The petitioner No. 5 is in custody since 03.11.2025 whereas other petitioners are in custody since 01.11.2025 and all the petitioners have got no criminal antecedent. Charge-sheet has been submitted in this case. There is no compliance of Section 103 of B.N.S.S., 2023. Patna High Court CR. MISC. No.15630 of 2026(2) dt.11-03-2026 3/3 Co-accused have been granted regular bail by this Bench vide order dated 11.12.2025 passed in Cr. Misc. No. 80862 of 2025. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. 7. Let the petitioners be released on bail on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Awtarnagar P.S. case No. 65 of 2024 subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioners. (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners. Pankaj/- (Rudra Prakash Mishra, J) U T