Patna High Court
RAMESH MAHTOversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to verification of antecedents and specified conditions.
Summary
The petitioners – three residents of Kesariya, East Champaran – applied for anticipatory bail in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, alleging recovery of 60 litres of liquor. They contended that they were not arrested at the spot, that no liquor was found in their possession, and that the alleged recovery occurred at a public place without any named informant in the FIR, suggesting a possible false implication. The petitioners disclosed that petitioner 1 had two prior Excise cases, petitioner 2 had one prior Excise case, while petitioner 3 had a clean record. The learned Assistant Public Prosecutor opposed the bail. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition that each petitioner furnish a bail‑bond of Rs 10,000 with two sureties, that the trial court verify their criminal antecedents, and that a further deposit of Rs 9,000 be made with the Lawyers’ Association; the bail would be confirmed only if the antecedent verification matched the disclosures. The order was subject to the usual conditions of anticipatory bail and the trial court’s further scrutiny.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act despite the petitioners’ prior criminal antecedents.
- Whether the lack of possession and the absence of a named informant in the FIR justify granting anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Bihar Narcotic Substances Act
- criminal antecedent
- Section 482
- bail bond
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2063 of 2026
Arising Out of PS. Case No.-366 Year-2025 Thana- KESARIA District- East Champaran
======================================================
1. RAMESH MAHTO S/O LALU MAHTO R/o vill - ward no. 10, Kesariya,
P.s.- Kesariya, Distt.- East Champaran
2. Shatrudhan Mahto S/o Satyadev Mahto R/o vill - ward no. 10, Kesariya,
P.s.- Kesariya, Distt.- East Champaran
3. Bisnath Mahto S/o Gopal Mahto R/o vill - ward no. 10, Kesariya, P.s.-
Kesariya, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari
For the Opposite Party/s : Mr.Rabindra Kumar- A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 274, 275 of the B.N.S. and Section 30(a) of the Excise
Act.
3. The learned counsel for the petitioners submits that
the petitioner no.1 has antecedent of two cases under the Excise
Act, petitioner no.2 has antecedent of one case under the Excise
Act and petitioner no.3 is a person with clean antecedent and the
allegation is of recovery of 60 litres of liquor from pansala
Patna High Court CR. MISC. No.2063 of 2026(2) dt.27-01-2026
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math.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even alleged
recovery is from a place, which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of local person, but the name of the
person, who disclosed the name of the petitioners is not
disclosed in the F.I.R., which casts an aspersion on the case of
the prosecution. It is next submitted that police in majority of
cases implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding proper
investigation.
5. Learned A.P.P. Sri Rabindra Kumar opposes the
anticipatory bail application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two
Patna High Court CR. MISC. No.2063 of 2026(2) dt.27-01-2026
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sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending/ successor Court in
connection with Kesariya P. S. Case No.366 of 2025, subject to
the conditions laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioner no.1 has antecedent of more than
two cases, petitioner no.2 has antecedent of one case and
petitioner no.3 has antecedent of even one case, then it would be
presumed that petitioners for the purposes of obtaining
anticipatory bail had concealed their antecedent before this
Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner no.1 has antecedent of two cases only, petitioner
no.2 has antecedent of one case only and petitioner no.3 has
antecedent of even one case, in that event, the provisional
anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.9,000/- with
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Lawyers’ Association, Patna High Court, Patna.
(Satyavrat Verma, J)
vikash/-
U T
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