Patna High Court
Ranjeet MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent.
Summary
Ranjeet Mahto applied for anticipatory bail in a case under Sections 30(a) and 32 of the Excise Act alleging the recovery of 35 litres of liquor from two motorcycles. He asserted that he has a clean antecedent, was not arrested at the spot, and had no conscious possession of the liquor, merely being the owner of one of the seized vehicles. The State opposed the bail, arguing that the allegations warranted detention. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. The Court also ordered the trial court to verify the petitioner’s antecedent and confirm the bail if no prior case is found, otherwise to cancel it.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in a case under the Excise Act.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 32
Subjects
- anticipatory bail
- Excise Act
- Section 438
- clean antecedent
- vehicle ownership
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35405 of 2026
Arising Out of PS. Case No.-151 Year-2025 Thana- PIRI BAZAR District- Lakhisarai
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Ranjeet Mahto S/O Aajo Mahto R/O Village- Khawa Chandra Tola, Khawa
Rajpur, P.S. Medni Chowki, Distt.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad
Mr.Rajnish Kumar
For the Opposite Party/s : Mr.Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 30(a) and 32 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 35 litres of liquor from two motorcycles.
4. The learned counsel for the petitioner submits that
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 one of the
seized vehicle. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.35405 of 2026(2) dt.29-06-2026
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use his own vehicle for committing a crime and thus, would
create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that Rakesh would misuse the vehicle in the manner as
alleged as he was also apprehended at the spot along with
Ankesh Kumar.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Piribajar P. S. Case No.151 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.35405 of 2026(2) dt.29-06-2026
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found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, 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)
vikash/-
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