Patna High Court
Raushan Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
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
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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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