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Patna High Court

Ramu Mahto @ Ramu MahatoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that no prima facie case existed against the petitioner and therefore anticipatory bail could be granted under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Ramu Mahto, sought anticipatory bail fearing arrest in a case (PS No. 189 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act involving 150 litres of liquor. The prosecution alleged recovery of liquor, while the petitioner claimed false implication based solely on a co-accused's statement and asserted no criminal antecedent. Counsel argued that no prima facie case existed and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The State opposed the bail. The court, after considering the facts, granted anticipatory bail subject to a bond of Rs.15,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the prosecution has made a prima facie case against the petitioner.
  • Whether the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarika Suraksha Sanhita
  • Section 30(a)
  • Section 103
  • Section 482(2)
  • prima facie case
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.209 of 2026
                 Arising Out of PS. Case No.-189 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Ramu Mahto @ Ramu Mahato Son of Shivcharan Mahto Resident of village -
                 Wattganj Bela, P.S.- Piprakothi, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Piprakothi PS Case No. 189 of 2025 instituted for the

                   offences under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                           3.       The prosecution case, in short, is that total 150

                   litres of liquor was recovered from bush.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.

                   The name of the petitioner transpired in this case on the basis of

                   disclosure made by apprehended co-accused person. The

                   petitioner has got no concern with the alleged recovery of
           Patna High Court CR. MISC. No.209 of 2026(2) dt.19-01-2026
                                                       2/2




                     liquor. The petitioner has no criminal antecedent. There is no

                     compliance of Section 103 of the Bharatiya Nagarika Suraksha

                     Sanhita, 2023. Learned counsel for the petitioner, therefore,

                     contends that prima-facie no case is made out against the

                     petitioner.

                             5.      Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                             6.      Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Piprakothi PS Case

                     No. 189 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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