Patna High Court
Bhagat MahatoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent.
Summary
The petitioner, Bhagat Mahato, applied for anticipatory bail under Section 438(2) of the CrPC in connection with a case alleging offences under Sections 272 and 273 of the IPC and Section 30(a) of the Excise Act, involving the recovery of 63.50 litres of liquor from his Hyundai car. He argued that he has a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware of any misuse of his vehicle by the driver. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC given the allegations under IPC Sections 272, 273 and Excise Act Section 30(a).
- Whether ownership of the vehicle from which liquor was recovered implicates the petitioner in the offence.
- Whether the petitioner’s claim of a clean antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC 272
- IPC 273
- Excise Act 30(a)
- vehicle seizure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87423 of 2025
Arising Out of PS. Case No.-59 Year-2019 Thana- KRITYANAND NAGAR District- Purnia
======================================================
Bhagat Mahato S/o Late Jago Resident of - Majdoor Colony, Tikiya Para,
Siliguri, Ward No. - 28, District - Darjiling (W.B)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Jha
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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
Sections 272 and 273 of the I.P.C. and Section 30(a) 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 63.50 litres of liquor from a Hyundai car.
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
implicated based on the fact that he is owner of the seized car. It
is next submitted that no prudent person would use his own
Patna High Court CR. MISC. No.87423 of 2025(3) dt.20-01-2026
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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.
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 K.
Nagar P. S. Case No.59 of 2019, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
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
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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
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