Patna High Court
Ramu Mahto @ Ramu MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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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