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Patna High Court

Ramakant MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to a bail bond, sureties, and verification of his criminal antecedent.

Summary

The petitioner, Ramakant Mahto, applied for anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 50 litres of liquor were recovered from a sack not in his possession and that he has a clean antecedent. The prosecution opposed the bail, but the court noted the lack of arrest, absence of the liquor from the petitioner’s control, and the unidentified informant in the FIR. The court directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent by the trial court. It further stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed. The petitioner also undertook to deposit Rs.1,500 with the Lawyers’ Association within two weeks.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the facts—no arrest, no possession of the alleged liquor, and unidentified informant—justify granting bail.
  • What conditions should be imposed on the provisional anticipatory bail, including verification of antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • provisional bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5396 of 2026
                  Arising Out of PS. Case No.-281 Year-2025 Thana- PHENHARA District- East Champaran
                 ======================================================
                 Ramakant Mahto S/o Late Ramawatar Mahto @ Ramaautar Mahto Resident
                 of village- Mankarwa, ward no 01, P.S.- Phenhara, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 50 litres of liquor from a white plastic sack. It is

                   next submitted that petitioner was not arrested from the spot, as

                   such, nothing was recovered from his conscious possession and

                   even alleged recovery is from a place which does not belong to

                   the petitioner and he has no concern with the sack and came to

                   he implicated at the instance of local person but then name of

                   the person, who disclosed the name of the petitioner, is not
Patna High Court CR. MISC. No.5396 of 2026(2) dt.02-02-2026
                                            2/3




          disclosed in the FIR, which casts an aspersion on the case of the

          prosecution, when petitioner admittedly is a person with clean

          antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Court No.03, East Champaran at Motihari in connection

          with Phenhara P.S. Case No.281 of 2025, subject to the

          conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          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,
               Patna High Court CR. MISC. No.5396 of 2026(2) dt.02-02-2026
                                                           3/3




                         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.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with Lawyers’ Association

                         within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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