RAM BABU @ RAMBABU MAHTOversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45434 of 2026
                     Arising Out of PS. Case No.-52 Year-2026 Thana- GADHPURA District- Begusarai
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                 RAM BABU @ RAMBABU MAHTO Son of Jay Kishan Prasad Resident of
                 Ward No. 04, Vill.- Goha, Mauzi, P.S.- Hasanpur, Dist.- Samastipur, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Keshav Bhardwaj
                 For the Opposite Party/s :       Mr. Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-07-2026                  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 offence punishable under Sections 30(a), 32(2)

                   of Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of three cases under the Excise Act and

                   allegation is of recovery of 144.195 litres of liquor from three

                   different vehicles and a sack. It is next submitted 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

                   i.e. motorcycle. It is next submitted that no prudent person

                   would use his own vehicle for committing an occurrence and
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          thus would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that Dheeraj would misuse his vehicle in

          the manner as alleged, who was also apprehended from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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.15,000/- (Rupees Fifteen Thousand)

          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 Garhpura P.S. Case No.52/2026, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          three cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
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                       on verification it is found that petitioner has antecedent of three

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T