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Patna High Court

Ramlochan Mahto @ BeldhukavaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                       2/2




                     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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