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Patna High Court

Bhagat MahatoversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
               Patna High Court CR. MISC. No.87423 of 2025(3) dt.20-01-2026
                                                           3/3




                         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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