Patna High Court

Anuj Kumar MahtoversusThe State of Bihar

Decided: 6 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of his antecedent.

Summary

The petitioner, Anuj Kumar Mahto, was implicated in a case (PS Case No. 275 of 2025) for alleged recovery of 2,700 litres of spirit from his Bolero pickup vehicle under Section 30(a) of the Bihar Excise Act. He argued that he had a clean antecedent, was not in possession of the seized liquor, and was unaware that the vehicle was misused by another individual. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of his criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case of alleged possession of illicit spirit under the Bihar Excise Act.
Whether the petitioner’s clean antecedent and lack of direct possession justify granting anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
clean antecedent
vehicle seizure
illegal liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61480 of 2025
                       Arising Out of PS. Case No.-275 Year-2025 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Anuj Kumar Mahto Son of Baiju Mahto Resident of Village- Yaduvansh
                 Nagar, Chas, P.S.- Chas, District- Bokaro (Jharkhand),

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

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

3   06-01-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2700 liters of spirit from a Bolero pick up vehicle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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 use

                   his own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.61480 of 2025(3) dt.06-01-2026
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          create evidence against himself and hence would get implicated

          and at the same time shall bring disrepute to his business, it is

          also further that petitioner was completely unaware that Md.

          Mehre would misuse the vehicle in the manner as alleged who

          was also apprehended from the spot.

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

          anticipatory bail of the petitioner.

                       6. 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 Trial Court

          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 Belaganj

          P.S. Case No. 275 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court 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 seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.61480 of 2025(3) dt.06-01-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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