Patna High Court
Gautam Mahto @ Gautam Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, Gautam Mahto and Rohit Mahto, applied for anticipatory bail fearing arrest in a case involving alleged manufacturing of adulterated petrol. The prosecution alleged that they rented a godown where such petrol was produced, charging them under multiple sections of the B.N.S., the Explosive Substances Act and the Essential Commodities Act. The petitioners claimed innocence, noting that only a co‑accused's statement implicated them and that one petitioner has a prior criminal record. The State opposed bail, arguing the offences are serious economic and criminal offences. The Court, finding the allegations serious and the risk of tampering high, refused anticipatory bail, dismissed the application, and directed the petitioners to surrender for regular bail, noting its observations are prima facie and not on the merits.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged manufacturing of adulterated petrol under the B.N.S., Explosive Substances Act and Essential Commodities Act
- Whether the seriousness of the alleged economic offence justifies denial of anticipatory bail
Legislation cited
- B.N.S. — s. 111, 287, 303(2), 317(2), 317(4), 317(5), 318(4)
- Essential Commodities Act — s. 7
- Explosive Substances Act — s. 3, 4
Subjects
- anticipatory bail
- adulterated petrol
- essential commodities act
- explosive substances act
- bail jurisprudence
- economic offence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18666 of 2026
Arising Out of PS. Case No.-523 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
1. Gautam Mahto @ Gautam Kumar Mahto S/O Pannalal Mahto Resident of
village- Ahirwa Tola, PS- Raxaul, Distt- East Champaran
2. Rohit Mahto @ Rohit Kumar Mahto S/O Pannalal Mahto Resident of
village- Ahirwa Tola, PS- Raxaul, Distt- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 01-07-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Ramgarhwa P.S. Case No. 523 of 2025, registered for
offences under Sections 111, 303(2), 287, 317(2), 317(4), 317(5)
& 318(4) of the B.N.S. read with Section 3/4 of the Explosive
Substances Act and Section 7 of the Essential Commodities Act.
3. As per the prosecution case, the petitioner is said
to have taken a godown on rent in which the adulterated petrol
was being manufactured.
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have not committed any
offence. The petitioner no. 1 has one criminal antecedent.
Nothing incriminating has been recovered from their possession
Patna High Court CR. MISC. No.18666 of 2026(4) dt.01-07-2026
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rather their names have come on the statement made by co-
accused.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail submitting that it is a serious
economic and criminal offence for which bail may not be
granted to the petitioners.
6. Considering the fact that the petitioners are
involved in manufacturing of adulterated petrol, I am not
inclined to grant anticipatory bail to the petitioners.
7. Accordingly, this application is dismissed.
8. The petitioners are directed to surrender before
the court below within a period of two weeks from today and
pray for regular bail.
9. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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