Lothra Hansda @ Lothra Hasda Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Lothra Hansda @ Lothra Hasda Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: release on bail upon arrest or surrender before the Court below within six weeks, on bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned I/C A.D.J., Exclusive Excise Court No.2, Katihar Dist. Katihar, in Pranpur PS Case No. 24 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Pranpur PS Case No. 24 of 2025 (dated 22-01-2025) instituted under Section 30(a) of the Bihar Prohibition and Excise Act over the alleged recovery of illicit country-made liquor, is entitled to anticipatory bail.

Court's answer

Upon arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned I/C A.D.J., Exclusive Excise Court No.2, Katihar Dist. Katihar, in Pranpur PS Case No. 24 of 2025.

Ratio / Principle

The grant of bail is subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court, CR. MISC. No.26605 of 2025, decided 07-05-2025 by Justice Khatim Reza (oral order). Petitioner Lothra Hansda @ Lothra Hasda apprehended arrest in Pranpur PS Case No. 24 of 2025 (dated 22-01-2025), instituted under Section 30(a) of the Bihar Prohibition and Excise Act, over alleged recovery of 30 litres of illicit country-made liquor from a field at Kumhara Santhali Tola, Katihar. Counsel pleaded false implication owing to previous enmity with the local chowkidar, absence of any recovery from the petitioner's conscious possession or house, recovery from an open field accessible to the public, and no criminal antecedents; the learned APP opposed the prayer. The Court directed release on bail upon arrest or surrender before the Court below within six weeks, upon bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the I/C A.D.J., Exclusive Excise Court No.2, Katihar, subject to the conditions of Section 482(2), Bharatiya Nagarik Suraksha Sanhita 2023. Application allowed.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26605 of 2025

Arising Out of PS. Case No.-24 Year-2025 Thana- PRANPUR District- Katihar

======================================================

Lothra Hansda @ Lothra Hasda S/o Late Guru Hansda @ Late Guru Hasda Resident of Village- Kumhara Santhali Tola, P.S.- Pranpur, District- Katihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Md Musowir, Advocate For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 07-05-2025

Heard learned counsel for the petitioner and learned

Additional Public Prosecutor for the State.

The petitioner apprehends arrest in connection with Pranpur PS Case No. 24 of 2025 dated 22-01-2025, instituted

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

The allegation is of the recovery of 30 litres of illicit country-made liquor from the field situated at Kumhara Santhali Tola.

4.Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. It is submitted that no recovery has been made from the conscious possession of the petitioner or from his house. The petitioner has no concern with the alleged liquor. It is further submitted that due to previous enmity, the local

Patna High Court CR. MISC. No.26605 of 2025(2) dt.07-05-2025 2/2

‘ chowkidar’ has falsely disclosed the name of the petitioner. The alleged illicit liquor was recovered from an open field accessible to the public and does not belong to the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.

Learned APP has opposed the prayer for bail.

6.Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned I/C A.D.J., Exclusive Excise Court No.2, Katihar Dist. Katihar, in Pranpur PS Case No. 24 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

The application stands allowed.

(Khatim Reza, J)

shyambihari/-

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