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Patna High Court

Suresh Mahto @ Suresh MahatoversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                       3/3




                     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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