Bholi Mahto @ Bholi Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58232 of 2025 Arising Out of PS. Case No.-756 Year-2023 Thana- MAJHAULIA District- West Champaran ====================================================== Bholi Mahto @ Bholi Mahato S/o- Ramji Mahto @ Ramji Mahato Bakhariya ward No. 12 PS- Majhauliya District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-09-2025 Heard the learned counsel for the petitioner and the learned APP for the State.
2. This is the 4th attempt of the petitioner for regular bail in connection with Majhauliya P.S. Case No. 756 of 2023 registered for the offence under Sections 272, 273, 304, 328, 120(B)/34 of the Indian Penal Code and Sections 34/36 of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the deceased consumed illicit liquor and died. The petitioner is accused of selling illicit liquor.
4. Learned counsel for the petitioner submits that out of 12 witnesses, 3 witnesses have been examined. The petitioner is in custody since 15.09.2023. He further submits that similarly situated two co-accused persons namely Ramji Mahato @
Patna High Court CR. MISC. No.58232 of 2025(2) dt.26-09-2025 2/3 Ramji Mahto and Sujit Kumar have been granted bail by this Court on 05.03.2024 in Cr. Misc. No. 80944 of 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for bail.
6. Considering the period of custody and the delay in the trial, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)with two sureties of the like amount each to the satisfaction of the learned concerned Court below, Bettiah, West Champaran in connection with Majhauliya P.S. Case No. 756 of 2023, subject to conditions that:- (i). The petitioner will mark his attendance at the Majhauliya Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner;
(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner;
(iii) Both the bailors should be the family members/relatives of the petitioner who shall provide official document to show his/her bona fide;
(iv) The petitioner shall in no way
Patna High Court CR. MISC. No.58232 of 2025(2) dt.26-09-2025 3/3 try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Sandeep Kumar, J) Shishir/- U T