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Patna High Court

Dinesh MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted provisionally subject to verification of the petitioner’s criminal antecedents and compliance with the stipulated bail conditions.

Summary

The petitioner, Dinesh Mahto, was implicated in a case alleging recovery of 15 litres of liquor from his motorcycle, under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he was not present at the spot of seizure, that the liquor was not in his conscious possession, and that he was unaware of his friend’s alleged misuse of the vehicle. The State opposed his prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify his criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed. The order is subject to the provisions of Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the offence under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s alleged ownership of the vehicle used in the alleged offence suffices to justify arrest.

Legislation cited

Subjects

  • anticipatory bail
  • seizure of liquor
  • vehicle ownership
  • Bihar Narcotic Substances Act
  • Bihar Prohibition and Excise Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13570 of 2026
                 Arising Out of PS. Case No.-150 Year-2025 Thana- SANICHARI District- West Champaran
                 ======================================================
                 Dinesh Mahto Son of Late Kailash Mahto Resident of Village- Parsa Dhangad
                 Toli, Po- Mathiya, Ps- Lauriya Dist- west Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Gupta
                 For the Opposite Party/s :      Mr. Mritunjay Kumar Nirala
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  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 offence punishable under Sections 274, 275 of

                   BNS and Section 30(a) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 15 litres of liquor from a motorcycle.

                   It is next submitted that petitioner was not arrested 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 create evidence against himself and hence would get
Patna High Court CR. MISC. No.13570 of 2026(2) dt.12-03-2026
                                            2/3




          implicated. It is thus submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged who also fled from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (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 Sanichari P.S. Case No.150/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of one

          case, in that event the provisional anticipatory bail order shall be
             Patna High Court CR. MISC. No.13570 of 2026(2) dt.12-03-2026
                                                         3/3




                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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