Patna High Court
Mahesh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner's antecedents.
Summary
Mahesh Mahto, the owner of a motorcycle from which 8.205 litres of liquor was seized, sought anticipatory bail fearing arrest under Sections 274, 275, 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he had a clean antecedent, was not in possession of the liquor, and was unaware that another person, Dharmendra, misused his vehicle. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties and compliance with Section 482(2) of the B.N.S.S., directing the trial court to verify his antecedents before confirming the bail. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed. The petitioner also undertook to deposit Rs.1,500 with the Advocates’ Association within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the pending case under the cited sections.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 317(5), 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- criminal antecedent
- Section 482
- Bihar Prohibition and Excise Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5157 of 2026
Arising Out of PS. Case No.-142 Year-2025 Thana- MADHWAPUR District- Madhubani
======================================================
Mahesh Mahto S/o Satrudhan Mahto R/o Village - Deokuli, P.S - Bahadurpur,
District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Adv.
Ms. Archna Aanand, Adv.
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 274, 275,
317(5) of BNS and Section 30(a) of Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 8.205 litres of liquor from a motorcycle. 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 the
seized vehicle. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.5157 of 2026(2) dt.02-02-2026
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use his own vehicle for committing an occurrence and thus
would create evidence against himself and hence would get
implicated. It is also submitted that the petitioner was
completely unaware that Dharmendra 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 before the learned Court below
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
Madhwapur P.S. Case No.142/2025, 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 even one
case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.5157 of 2026(2) dt.02-02-2026
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concealed his antecedent before this court, as such, the
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.
7. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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