Created by Fuzzy Cloud

Patna High Court

Ramesh MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of his criminal antecedent.

Summary

The petitioner, Ramesh Mahto, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of liquor recovered from a neighbour’s house, his own shop and a motorcycle. He contended that he has a clean antecedent, that the liquor was not in his conscious possession, and that it may have been left by customers in the vicinity of his shop. The State opposed his application for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent. If any antecedent is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the circumstances of recovery of liquor justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • liquor seizure
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26544 of 2026
                  Arising Out of PS. Case No.-61 Year-2026 Thana- MADHUBAN District- East Champaran
                 ======================================================
                 Ramesh Mahto son of Kamal Mahto Resident of village - Wajitpur, PS -
                 Madhuban, Dist- East Champaran
                                                                      ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                                                 Ms. Harsha Shaswat, Advocate
                 For the Opposite Party/s :      Ms. Veena Kumari Jaiswal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                   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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 10 litres of liquor from the house of Harinandan

                   Rai, 35 litres of liquor from the shop of the petitioner and 6

                   litres of liquor from a motorcycle.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle. It is further submitted that in the shop of the
Patna High Court CR. MISC. No.26544 of 2026(2) dt.22-04-2026
                                            2/3




          petitioner, customers visit regularly and no prudent person

          would use his own business premises for committing an

          occurrence and, thus, would create evidence against himself

          and, hence, would get implicated. It is next submitted that it

          might be a possibility that some customers, seeing the police,

          left the liquor near his shop. It is also submitted that liquor was

          not recovered from the shop of the petitioner but from a place

          adjacent to his shop and, as such, he came to be implicated

          based on the secret information which is the easiest way to

          implicate someone without holding a proper investigation of the

          case, when petitioner admittedly is a person with clean

          antecedent.

                       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 appearing on behalf of the petitioner, let 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 Madhuban P.S.
           Patna High Court CR. MISC. No.26544 of 2026(2) dt.22-04-2026
                                                       3/3




                     Case No. 61 of 2026, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioner

                     and if it is found that petitioner has antecedent of even one case,

                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.