Patna High Court

Loha MahtoversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL REJECTED
Bench: SATYAVRAT VERMA

Holding

Anticipatory bail was denied to the petitioner.

Summary

Loha Mahto applied for anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The FIR alleged that 35 litres of liquor were recovered from a kiosk owned by Ramji Mahto and a rifle was seized from the petitioner’s residence. The petitioner has three prior criminal cases, which the court considered relevant. The High Court examined whether the petitioner’s antecedents and the seriousness of the alleged offences warranted the grant of anticipatory bail. Concluding that the petitioner’s history and the nature of the allegations did not merit bail, the court rejected the anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bihar Prohibition and Excise Act and the Arms Act.

Legislation cited

Arms Act — s. 25(1-b)a, 26, 35

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Arms Act
criminal procedure
bail jurisprudence
prior criminal cases

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6012 of 2026
                       Arising Out of PS. Case No.-126 Year-2025 Thana- Pahelja P.S. District- Saran
                 ======================================================
                 Loha Mahto S/O Late Mohan Mahto @ Mahesh Mahto R/O Vill.- Ramsapur,
                 P.S.- Pahaleja, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ravish Mishra, Advocate.
                 For the Opposite Party/s :         Mr. Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-02-2026                   1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Pahaleja Town P.S. Case No.126/2025, registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act, 2018 and Sections 25(1-b)a, 26 and 35 of the

                   Arms Act.

                                 3. In the nature of allegation as alleged in the FIR, the

                   Court is not inclined to extend the privilege of anticipatory bail

                   to the petitioner, as petitioner has antecedent of three cases and

                   allegation is of recovery of 35 litres of liquor from kiosk of

                   Ramji Mahto and a rifle was recovered from the house of the

                   petitioner.

                                 4. The anticipatory bail application of the petitioner is
             Patna High Court CR. MISC. No.6012 of 2026(3) dt.27-02-2026
                                                         2/2




                       rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T

Continue reading with your account

Checking your session…