Patna High Court
Dhrup Mahto @ Dhruv MahatoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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