Patna High Court
Ramakant MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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