Patna High Court
Ram Avtar Mahto @ Ram Watar Mahato @ Ramotar MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application conditionally, subject to bond, sureties and verification of antecedent.
Summary
Ram Avtar Mahto, a 70‑year‑old man with a clean criminal record, applied for anticipatory bail after a police case was registered alleging his involvement in the illegal recovery of 5,951.880 litres of liquor from a truck, two pick‑up vehicles and a car. The charges include offences under IPC sections 468, 471, 420, 414 and 34, and Excise Act sections 30(a), 32, 36 and 41. The petitioner argued that he was not present at the scene, had no conscious possession of the liquor, and was unaware that his driver misused his vehicle. The State opposed the bail. The High Court, considering the petitioner’s age, clean antecedent and lack of direct involvement, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of his antecedent by the trial court, with the order to be confirmed if no prior cases are found.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the facts of the case
- Whether ownership of the vehicle used in the alleged offence implicates the owner for bail purposes
- Whether the petitioner’s clean antecedent and lack of conscious possession justify granting bail
Legislation cited
- Excise Act — s. 30(a), 32, 36, 41
- Indian Penal Code — s. 34, 414, 420, 468, 471
Subjects
- anticipatory bail
- liquor seizure
- IPC
- Excise Act
- clean antecedent
- vehicle ownership
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83888 of 2025
Arising Out of PS. Case No.-72 Year-2023 Thana- CHACKMEHSI District- Samastipur
======================================================
Ram Avtar Mahto @ Ram Watar Mahato @ Ramotar Mahto Son of Late
Mauje Mahto Resident of Village- Muradpur Ward No. 1, P.S.- Rosera, Dist.-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Anand Kishore Choudhary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 468, 471, 420, 414, 34 of the IPC and Sections 30(a),
32, 36, 41 of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 5951.880 litres of liquor from a truck, two pick-
up vehicle and on a car was also seized.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and he came to be
Patna High Court CR. MISC. No.83888 of 2025(2) dt.09-01-2026
2/3
implicated based on the that he is owner of one of the seized
pick-up vehicle. It is next submitted that no prudent person
would use his own vehicle for committing a crime and thus,
would create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that his driver would misuse the vehicle in the manner
as alleged. It is also submitted that petitioner is aged about 70
years and has remained a person with clean antecedent although
out, but then, in a mechanical came to be implicated.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum 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
Chakmehsi P. S. Case No.72 of 2023, subject to the conditions
laid down under Section 482(2) of the BNSS.
7. The application stands allowed.
Patna High Court CR. MISC. No.83888 of 2025(2) dt.09-01-2026
3/3
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds 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,
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.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.