Patna High Court
Ranjeet Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent, and conditioned confirmation of bail on a clean record.
Summary
The petitioner, Ranjeet Kumar Mahto, was implicated in an excise case (PS No. 974 of 2025) for the alleged recovery of 225 litres of liquor from a pickup vehicle he owned. He argued that he had no knowledge of the liquor being in the vehicle and that he was not in possession at the time of seizure, contending that the driver Golu acted independently. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his criminal antecedent within six weeks. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The decision hinged on the principles of Section 482(2) of the BNSS and the nature of the petitioner’s alleged involvement.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case under Sections 30(a) and 32(3) of the Bihar Excise Act.
- Whether ownership of the vehicle, without possession of the contraband, suffices to deny anticipatory bail.
- Whether the trial court must verify the petitioner’s criminal antecedent before confirming anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19346 of 2026
Arising Out of PS. Case No.-974 Year-2025 Thana- Excise P.S. District- Kishanganj
======================================================
Ranjeet Kumar Mahto S/o- Ramji Mahto R/v- Misraulia Afzalpur Ps- Vaishali
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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) and
32(3) 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 225 liters of liquor from a pick up vehicle.
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
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create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Golu 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.
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 Excise
P.S. Case No. 974 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 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
Patna High Court CR. MISC. No.19346 of 2026(2) dt.26-03-2026
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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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