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Patna High Court

RAMESH MAHTOversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/4




          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
                                            3/4




          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
               Patna High Court CR. MISC. No.2063 of 2026(2) dt.27-01-2026
                                                           4/4




                         Lawyers’ Association, Patna High Court, Patna.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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