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Patna High Court

Raushan Kumar MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to a bail bond, sureties, and verification of antecedent under Section 482(2) of the Bihar Narcotic Substances Act.

Summary

The petitioner, Raushan Kumar Mahto, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act for alleged recovery of 33 litres of liquor. He argued that he has a clean antecedent, the liquor was not found in his possession, and the alleged recovery occurred at a location not belonging to him, implicating him only due to a watchman's testimony. The State opposed the bail. The Court, after considering the petitioner's clean record and lack of direct possession, granted provisional anticipatory bail on the condition of a Rs.500 bail bond, two sureties, and subject to verification of any criminal antecedent under Section 482(2) of the Bihar Narcotic Substances Act. The order directs the trial court to confirm the bail if the petitioner is found to have no prior cases, otherwise the bail will not be confirmed.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged possession of liquor under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s clean antecedent and lack of possession justify provisional anticipatory bail subject to verification under Section 482(2).

Legislation cited

Subjects

  • anticipatory bail
  • clean antecedent
  • liquor seizure
  • Bihar Narcotic Substances Act
  • Bihar Excise Act
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29829 of 2026
                       Arising Out of PS. Case No.-62 Year-2026 Thana- Patauna District- Madhubani
                 ======================================================
                 Raushan Kumar Mahto S/o Vinod Mahto Resident of Village - Raghepura, PS
                 - Patauna, Dist. - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bhavesh Kumar Sah
                 For the Opposite Party/s :        Mr.Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026               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 is a person with clean antecedent and allegation is of

                   recovery of 33 litres of liquor from a sack.

                             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 even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and petitioner has no concern with the sack and he came to be

                   implicated at the instance of Chowkidar with whom he is on an
Patna High Court CR. MISC. No.29829 of 2026(2) dt.05-05-2026
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          inimical term. It is next submitted that if Chowkidar was aware

          about the involvement of the petitioner in the occurrence, then

          why he did not inform the police prior to institution of the

          instant FIR, which casts an aspersion on the case of the

          prosecution, 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 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 Patauna P.S. Case No. 62 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 even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
              Patna High Court CR. MISC. No.29829 of 2026(2) dt.05-05-2026
                                                          3/3




                        confirmed, but after verification if it is found that petitioner is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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