Patna High Court
Mathura PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS.
Summary
The petitioner, Mathura Prasad, was implicated in a case under Sections 30(a) and 41 of the Bihar Excise Act for the alleged recovery of 200 litres of liquor from a motorcycle he owned. He argued that he was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that another individual, Manish, would misuse his vehicle. The State opposed his prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent. If the petitioner is found to have more than one prior case, the provisional bail will not be confirmed; if only one prior case is found, the bail will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case registered under the Bihar Excise Act.
- Whether the petitioner’s ownership of the vehicle, without possession of the seized liquor, suffices to deny bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- vehicle ownership
- criminal antecedent
- Section 482
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12314 of 2026
Arising Out of PS. Case No.-198 Year-2025 Thana- MESKAUR District- Nawada
======================================================
Mathura Prasad S/o- Brahamdev Mahato R/v- Harnarayanpur, Ps-
Barnadabar, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 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 a case
registered for the offences punishable under Sections 30(a) and
41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 200 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and he came to be
implicated based on the fact that he is owner of the seized
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.12314 of 2026(2) dt.27-02-2026
2/3
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Manish would misuse the vehicle in the manner as alleged who
was also apprehended from the spot.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Meskaur
P.S. Case No. 198 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.12314 of 2026(2) dt.27-02-2026
3/3
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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