Patna High Court
Ram Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to conditions and verification of his criminal antecedent.
Summary
Ram Kumar Mahto was implicated in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act for allegedly transporting 13,500 litres of liquor in a motorcycle. He was not arrested at the spot and the seized liquor was not found in his immediate possession; the prosecution’s case rests on his ownership of the vehicle used by another person. The petitioner sought anticipatory bail, arguing he was unaware of the misuse of his vehicle and that a prudent person would not use his own vehicle to commit the offence. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a bail bond and two sureties, subject to verification of the petitioner’s criminal antecedent within six weeks. The order stipulates that if the petitioner is found to have more than five prior cases, the bail will not be confirmed; otherwise, it will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite alleged involvement in offences under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s ownership of the vehicle, without possession of the seized liquor, suffices to deny bail.
- Whether the petitioner’s prior criminal antecedent (five cases) affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- bail conditions
- seizure of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27211 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- ARER District- Madhubani
======================================================
Ram Kumar Mahto S/O Raj Kumar Mahto Resident of Village- Malmal, Ward
No. 15, P.S- Kaluahi, Distt.- Madhubani, At present R/O Village- Paraul, P.S-
Arer, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjeet Kumar Mishra
For the Opposite Party/s : Ms.Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 offences punishable under Sections 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of five cases out of which four cases
are under the Excise Act and allegation is of recovery of 13.500
litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested 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
Patna High Court CR. MISC. No.27211 of 2026(2) dt.23-04-2026
2/3
vehicle. It is next submitted that no prudent person would use
his own vehicle for committing an occurrence and thus would
create evidence against himself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that Rohit 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.
25,000/- (Rupees Twenty-five Thousand) 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
Arer P.S. Case No. 31 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 petitioner and
in the event if it is found that petitioner has antecedent of more
than five cases then it would be presumed that petitioner, for the
Patna High Court CR. MISC. No.27211 of 2026(2) dt.23-04-2026
3/3
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 has antecedent of five
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
Checking your session…