Patna High Court
Ramlochan Mahto @ BeldhukavaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond of Rs.10,000 and two sureties, conditional upon his arrest or surrender within four weeks and satisfaction of the Excise Court.
Summary
Ramlochan Mahto applied for anticipatory bail fearing arrest in a case registered under sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and section 30(a) of the Bihar Prohibition and Excise Act, 2016. The prosecution alleged that he fled the scene after police arrived, leaving a sack from which 13.2 litres of liquor were recovered, and that a chowkidar identified him as the escapee. The petitioner contended that he was falsely implicated, no contraband was found on his person, and he was willing to cooperate with the investigation. The State opposed the bail. After hearing both sides, the court granted anticipatory bail, directing that if he is arrested or surrenders within four weeks he may be released on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge of the Excise Court, Madhubani.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner under the allegations of offences under sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and section 30(a) of the Bihar Prohibition and Excise Act, 2016?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- sections 274
- section 275
- Bihar Prohibition and Excise Act
- section 30(a)
- liquor seizure
- false implication
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27582 of 2026
Arising Out of PS. Case No.-93 Year-2026 Thana- HARLAKHI District- Madhubani
======================================================
Ramlochan Mahto @ Beldhukava S/O Late Lakhan Mahto Resident of
Village- Gangaur, P.S.- Harlakhi, District Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Opposite Party/s : Ms. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 29-04-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of anticipatory bail apprehending his arrest in connection
with Harlakhi P.S. Case no. 93 of 2026 registered under sections
274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and section
30(a) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, seeing the police
personnel the petitioner is said to have abandoned his sack and
managed to escape. On search, 13.2 litres of liquor was
recovered. It is the chowkidar who identified the petitioner as
the person who managed to escape.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case because of his
antecedent. No incriminating article has been recovered from
Patna High Court CR. MISC. No.27582 of 2026(2) dt.29-04-2026
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his possession and the allegations levelled in the FIR are false
and concocted. He undertakes to cooperate in the
investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., it is directed that the petitioners above named, in the
event of his arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
connection with Harlakhi P.S. Case no. 93 of 2026 (G.R. no.375
of 2026) on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise
Court, Madhubani.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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