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Patna High Court

Mahesh MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                         3/3




                       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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