Patna High Court
Suresh Mahto @ Suresh MahatoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Suresh Mahto, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act after 4 litres of liquor were recovered from a motorcycle he owned. He argued that he had no knowledge of the liquor being in the vehicle and that his friend Nitish, who was apprehended at the spot, had misused the vehicle. The petitioner claimed a clean antecedent and that no liquor was found in his conscious possession. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditions under Section 482(2) of the CrPC, pending verification of the petitioner’s antecedent by the trial court. The provisional order will be confirmed if the petitioner is found to have a clean record, otherwise it will be set aside.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the recovery of liquor from a vehicle he owns.
- Whether the lack of conscious possession and a clean antecedent justify granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- possession
- vehicle owner liability
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22289 of 2026
Arising Out of PS. Case No.-18 Year-2024 Thana- Excise P.S. District- Kishanganj
======================================================
Suresh Mahto @ Suresh Mahato son of Ram Prasad Mahto @ Ram Sawroop
Mahato Resident of village- Chaugharia, P.S- Chakulia District- Uttar
Dinajpur, WB
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Amal Kumar Sinha
For the Opposite Party/s : Mr. Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 4 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
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
Patna High Court CR. MISC. No.22289 of 2026(2) dt.08-04-2026
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his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
his friend Nitish 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 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 Kishanganj Madhya Nisedh P.S. Case No. 18 of
2024 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
Patna High Court CR. MISC. No.22289 of 2026(2) dt.08-04-2026
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antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has clean antecedent, in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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