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Patna High Court

Ram Babu MahtoversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied the petitioner's application for regular bail.

Summary

Ram Babu Mahto was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, in a case registered in 2019. He had earlier obtained provisional anticipatory bail, subject to verification of his criminal antecedent. The State argued that the verification revealed four prior cases, contrary to the single case disclosed in the anticipatory bail application, indicating that the petitioner did not approach the court with clean hands and might abscond if regular bail were granted. The petitioner could not rebut the State's claim about the additional antecedents. After considering the submissions, the Court declined to grant regular bail, directing that the petitioner may re‑apply for bail after the charge is framed.

Issues considered

  • Whether regular bail should be granted to the petitioner in view of the undisclosed criminal antecedents revealed after the anticipatory bail order.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • regular bail
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27681 of 2026
                        Arising Out of PS. Case No.-281 Year-2019 Thana- NADI P.S. District- Patna
                 ======================================================
                 Ram Babu Mahto S/O Late Raja Mahto R/O Village- Sabbalpur,
                 Gulamhiyachak, P.S- Nadi, Distt.- Patna.

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kumar Manglam
                 For the Opposite Party/s :        Ms. Renuka Ratanakar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in connection with Nadi

                   P.S. Case No.281/2019, registered for the offence punishable

                   under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

                                3. Learned APP at the outset submits that petitioner

                   had earlier moved before this court seeking anticipatory bail by

                   filing Cr. Misc. No.77375/2025 and the petitioner was granted

                   the privilege of provisional anticipatory bail by an order dated

                   26.11.2025 with direction the learned trial court to verify the

                   criminal antecedent and it appears that after verification it was

                   found that petitioner had antecedent of four cases when in Cr.

                   Misc. No.77375/2025, it was recorded that petitioner has

                   antecedent of one case. It is thus submitted that petitioner at the
             Patna High Court CR. MISC. No.27681 of 2026(2) dt.24-04-2026
                                                         2/2




                       time when he sought anticipatory bail application had not

                       moved this court with clean hands. It is thus submitted that if

                       privilege of regular bail is granted to the petitioner, the

                       petitioner may abscond.

                                    4. Learned counsel for the petitioner is not in a

                       position to rebut the submission of the learned APP that

                       petitioner has antecedent of four cases but in Cr. Misc.

                       No.77375/2025, the criminal antecedent was not disclosed.

                                    5. After hearing the learned counsel for the parties, the

                       Court is not inclined to release the petitioner on bail.

                                    6. The regular bail application of the petitioner is

                       rejected.

                                    7. However, petitioner would be at liberty to renew

                       his prayer for bail after framing of charge.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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