Patna High Court
Loha MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
Holding
The regular bail application of the petitioner was rejected.
Summary
Loha Mahto applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016 and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The allegations involve the recovery of 35 litres of liquor from a kiosk and a country‑made gun from the petitioner’s house. The petitioner claimed he was falsely implicated by an informant and argued that the gun was non‑functional and not a licensed weapon. The State’s counsel countered that the offences were cognizable and serious. After considering the submissions, the Court was not persuaded to grant bail and rejected the regular bail application.
Issues considered
- Whether bail should be granted in a case involving alleged illegal liquor possession under the Bihar Prohibition and Excise Amendment Act, 2016.
- Whether the presence of a non‑functional, unlicensed country‑made gun under the Arms Act affects the grant of bail.
- Whether the claim of false implication by an informant is sufficient to justify bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- prohibition law
- excise
- Arms Act
- false implication
- non‑functional weapon
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18899 of 2026
Arising Out of PS. Case No.-126 Year-2025 Thana- Pahelja P.S. District- Saran
======================================================
Loha Mahto S/o Late Mohan Mahto, Village- Ramsapur, PS Pahleja ,District
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Basant Kumar
For the Opposite Party/s : Mr. Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with Pahleja
P.S. Case No.126/2025, registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise
Amendment Act, 2016 and Section 25(1-b)a, 26 and 35 of the
Arms Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases and allegation is of
recovery of 35 litres of liquor from Kiosk of Ramji Mahto and a
country made gun was recovered from the house of the
petitioner.
4. Learned counsel submits that petitioner has been
falsely implicated in the instant case by the informant and is in
Patna High Court CR. MISC. No.18899 of 2026(2) dt.18-04-2026
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custody since 09.03.2025. It is next submitted that no doubt
allegation is of recovery of a gun from the house of petitioner
but then during the course of investigation, it transpired that the
gun was not in working condition, on which, the learned APP
submits that it is not the case of the petitioner that the alleged
gun was a licenced weapon.
5. Considering the submissions made by the learned
APP, the Court is not inclined to release the petitioner on bail.
6. The regular bail application of the petitioner is
rejected.
(Satyavrat Verma, J)
amit/-
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