Patna High Court
Jai Ram MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bond, sureties, and verification of their criminal antecedents.
Summary
The petitioners, five residents of Harlochanpur, sought anticipatory bail after a FIR was lodged under Sections 126, 115(2), 132, 121(1), 121(2), 127(2) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging involvement in the recovery of liquor and alleged attempts to free a suspect and set a police vehicle on fire. They contended that they were not arrested at the scene, had no possession of contraband, and were merely present out of curiosity, with no prior criminal antecedent except for petitioner No.1 who had one earlier case. The State opposed the anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of criminal antecedents, directing that the bail be confirmed only if the antecedent check confirms the petitioners' claims.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. given the nature of the alleged offences and their criminal antecedents.
- Whether the alleged involvement in setting a police vehicle on fire and attempting to free a suspect warrants denial of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 115(2), 121(1), 121(2), 126, 127(2), 132
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- criminal antecedent
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- Section 438 Cr.P.C.
- Section 482 Cr.P.C.
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4342 of 2026
Arising Out of PS. Case No.-319 Year-2025 Thana- PATEPUR District- Vaishali
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1. Jai Ram Mahto S/O Ram Dev Mahto @ Randev Mahto R/O Village-
Harlochanpur Sukki, Post- Sukki, P.S.- Patepur, District- Vaishali, Bihar-
843114.
2. Subham Kumar @ Munna Kumar S/O Karpuri Mahto R/O Village-
Harlochanpur Sukki, Post- Sukki, P.S- Patepur, Distt.- Vaishali, Bihar-
843114.
3. Upendar Mahto S/O Hari Visun Mahto R/O Village- Harlochanpur Sukki,
Post- Sukki, P.S- Patepur, Distt.- Vaishali, Bihar- 843114.
4. Karpuri Mahto S/O Hari Visun Mahto @ Upendra Mahto R/O Village-
Harlochanpur Sukki, Post- Sukki, P.S- Patepur, Distt.- Vaishali, Bihar-
843114.
5. Sima Kumari W/O Vikash Kumar @ Laloo R/O Village- Harlochanpur
Sukki, Post- Sukki, P.S- Patepur, Distt.- Vaishali, Bihar- 843114.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saket Kumar Jha, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126,
115(2), 132, 121(1), 121(2) and 127(2) of the BNS as well as
Section 30(a) of the Bihar Prohibition and Excise (Amendment)
Act, 2022.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case and petitioners no. 2,
Patna High Court CR. MISC. No.4342 of 2026(2) dt.31-01-2026
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3, 4 and 5 are persons with clean antecedent and petitioner no. 5
is a woman and allegation is of recovery of 1.125 litres of liquor
from the house of Vikash Kumar.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners and petitioners have no concern or relation with
Vikash Kumar and it is alleged that when Vikash Kumar was
apprehended the accused persons including the petitioners came
at the place of occurrence and tried to free Vikash Kumar and
even set the police vehicle on fire but then it is submitted that
allegation of setting the police vehicle on fire is general and
omnibus in nature. It is further submitted that since petitioners
have no concern or relation with Vikash Kumar, as such, there
was absolutely no occasion for the petitioners to indulge in any
kind of unlawful activity. It is next submitted that since ruckus
was being created and the petitioners reside nearby to the place
of occurrence, as such, out of inquisitiveness, they came to the
place of occurrence to witness the occurrence when they came
to be implicated.
5. Learned A.P.P. for the State opposes the prayer for
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anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their 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.5,000/- (Rupees Five Thousand) each 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
Patepur (Harlochanpur) P.S. Case No. 319 of 2025, subject to
the conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
if it is found that petitioner no. 1 has antecedent of more than
one case and petitioners no. 2 to 5 have antecedent of even one
case, it would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner no. 1 has antecedent of only one case and petitioners
no. 2 to 5 are persons with clean antecedent in that event the
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provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioners
based on instruction submits that petitioners undertake to
deposit an amount of Rs.5,000/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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