Patna High Court

Ganga Prasad MahtoversusThe State of Bihar

Decided: 17 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court conditionally granted anticipatory bail to the petitioner under Section 438(2) CrPC.

Summary

The petitioner, Ganga Prasad Mahto, was implicated in a case concerning the seizure of 607.68 litres of liquor and two motorcycles under Section 30(a) of the Bihar Excise Act, 2018. He argued that he had a clean antecedent, was not in possession of the liquor at the time of arrest, and was unaware that his friend misused his vehicle. The State opposed his prayer for anticipatory bail. The Court considered the submissions and, under Section 438(2) of the Criminal Procedure Code, granted provisional anticipatory bail subject to a bond of Rs.500 and two sureties, with the condition that the trial court verify his antecedent. If any prior case is found, the bail may be revoked; otherwise, it will be confirmed. The order reflects the Court's discretion to balance the presumption of innocence with the need to ensure compliance with bail conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC in a case under Section 30(a) of the Bihar Excise Act, 2018.
Whether the petitioner’s ownership of the seized motorcycles implicates him in the alleged offence.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 438 CrPC
Bihar Excise Act
liquor seizure
clean antecedent
motor vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73081 of 2025
                      Arising Out of PS. Case No.-79 Year-2024 Thana- Chhaudahi District- Begusarai
                 ======================================================
                 Ganga Prasad Mahto Son of Ghuran Mahto R/o Village - Ijraha(Isharaha),
                 Ward No. 18, P.S. - Chhourahi(Chhaurahi), District -Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sandip Kumar Gautam
                 For the Opposite Party/s :        Mr. Sunil Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026                  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, 2018.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 607.68 litres of liquor from a bush and two

                   motorcycles were seized.

                                4. Learned counsel for the petitioner submits that the

                   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 one of the

                   seized motorcycles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.73081 of 2025(2) dt.17-01-2026
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          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated, it is further submitted that petitioner was completely

          unaware that his friend would misuse the vehicle in the manner

          as alleged.

                       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

          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   Chhourahi

          (Chhaudahi) P.S. Case No. 79 of 2024 subject to the conditions

          as laid down under Section 438 (2) of the Cr.P.C.

                       7. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedent 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

          concealed his antecedent before this court, as such, the
             Patna High Court CR. MISC. No.73081 of 2025(2) dt.17-01-2026
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                       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.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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