Patna High Court
Raja Mahto @ Raja KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to conditions and verification of antecedent.
Summary
Petitioners Raja Mahto and Saroj Mahto sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 200 litres of liquor from two motorcycles. They argued they have clean antecedents, were not caught in possession, are not owners of the seized vehicles, and the FIR lacks the informant’s name, rendering the prosecution’s case weak. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 each with two sureties and directed the trial court to verify the petitioners’ criminal antecedents within six weeks. If any antecedent is discovered, the bail may be cancelled; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case under Section 30(a) of the Bihar Excise Act.
- Whether the lack of an informant’s name in the FIR and the petitioners’ clean antecedent justify granting bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- seizure of liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24461 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- RIVILGANJ District- Saran
======================================================
1. Raja Mahto @ Raja Kumar Son of Bhatku Mahto @ Baktu Mahto Resident
of Village - Diliya Raheempur, P.S. - Rivilganj, District - Saran.
2. Saroj Mahto @ Saroj @ Judge Mahto Son of Bhaktu Mahto @ Baktu Mahto
Resident of Village - Diliya Raheempur, P.S. - Rivilganj, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and allegation is of
recovery of 200 liters of liquor from two motorcycles.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and are not the
owner of seized vehicles and they came to be implicated at the
Patna High Court CR. MISC. No.24461 of 2026(2) dt.20-04-2026
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instance of local person, but then the name of the person who
disclosed the name of the petitioners is not disclosed in the FIR
which casts an aspersion on the case of the prosecution, since
petitioners have not been implicated based on secret
information. It is also submitted that police in mechanical
manner implicates and investigates without holding holding a
proper investigation, when petitioners admittedly are persons
with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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 Rivilganj
P.S. Case No. 100 of 2026 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 petitioners and in the
event if it is found that any of the petitioners have antecedent of
Patna High Court CR. MISC. No.24461 of 2026(2) dt.20-04-2026
3/3
even one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional anticipatory
bail order shall not be confirmed with respect to that petitioners
who have concealed his antecedent, but after verification if it is
found that petitioners are persons 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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