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Patna High Court

Dhrup Mahto @ Dhruv MahatoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of antecedent.

Summary

The petitioner, Dhrup Mahto, was implicated in a case under Sections 30(a), 32 and 41(1) of the Bihar Excise Act for the alleged recovery of 30 litres of liquor from a location adjacent to his house. He asserted that he had no possession of the liquor, that the recovered liquor was not on his premises, and that he has a clean criminal antecedent. The prosecution opposed his prayer for anticipatory bail. The Court, after considering the petitioner's clean record and lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned on verification of his antecedent under Section 482(2) of the BNSS. The order further stipulated that if any prior case is discovered, the bail would be cancelled, otherwise it would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
  • Whether the lack of possession and clean antecedent justify granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • clean antecedent
  • liquor seizure
  • Section 482
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13064 of 2026
                    Arising Out of PS. Case No.-417 Year-2025 Thana- KOTWA District- East Champaran
                 ======================================================
                 Dhrup Mahto @ Dhruv Mahato S/o Late Pachchu Mahto R/o Village -
                 Karariya Bairagi Tola, Dihpur, P.S - Kotwa, District - East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  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), 32

                   and 41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 30 liters of liquor from a place adjacent to the house

                   of the petitioner.

                                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 even alleged

                   recovery is from a place which does not belong to the petitioner,

                   but then is adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.13064 of 2026(2) dt.10-03-2026
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          the instance of Chowkidar, but then it is submitted that if

          Chowkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution, when petitioner admittedly is a person

          with clean antecedent.

                       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.

          500/- (Rupees Five Hundred) 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 Kotwa

          P.S. Case No. 417 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 even

          one case then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.13064 of 2026(2) dt.10-03-2026
                                                        3/3




                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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