Patna High Court

Praduman Mahto @ Praduman Bind @ Praduman KumarversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

Anticipatory bail was denied to the petitioner.

Summary

Petitioner Praduman Mahto sought anticipatory bail after his name was implicated in a case involving the recovery of 80 litres of liquor from a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act and Section 317(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution’s case rested on a co‑accused’s disclosure, though the petitioner was not the owner of the vehicle and claimed no involvement. The petitioner has four prior convictions of a similar nature and the court noted non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, emphasizing the petitioner’s criminal record. The High Court, considering the antecedents and procedural lapses, refused anticipatory bail but directed that regular bail could be considered if the petitioner surrenders within four weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioner given his prior criminal antecedents and lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023
Whether a prima facie case exists against the petitioner based solely on the co‑accused’s disclosure

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
Bharatiya Nyaya Sanhita, 2023 — s. 317(5)

Subjects

anticipatory bail
regular bail
criminal antecedents
Bihar Prohibition and Excise Act
Bharatiya Nyaya Sanhita
Bharatiya Nagarika Suraksha Sanhita
high court bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90007 of 2025
                    Arising Out of PS. Case No.-493 Year-2025 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Praduman Mahto @ Praduman Bind @ Praduman Kumar S/O Jageshwar
                 Mahto @ Jugeshwar @ Tengar Mahto Resident of Ward No 28 Sonarpatti,
                 Sahebganj, P.S.- Town, Dist.- Saran.



                                                                                 ... ... Petitioner/s
                                                      Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhijeet Abhigyan, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   16-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner apprehends his arrest in connection

                   with Town PS Case No. 493 of 2025 instituted for the offences

                   under Section 30(a) of the Bihar Prohibition and Excise Act and

                   Section 317(5) of the Bharatiya Nyaya Sanhita, 2023.

                           3.       The prosecution case, in short, is that total 80 litres

                   of liquor was recovered from motorcycle.

                           4.       Learned counsel for the petitioner submitted that

                   the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.90007 of 2025(2) dt.16-01-2026
                                            2/3




          The name of the petitioner transpired in this case on the basis of

          disclosure made by apprehended co-accused person. Petitioner

          is not the owner of the motorcycle in question and he has no

          concern with the same. The petitioner has got no concern with

          the alleged recovery of liquor. The petitioner has four criminal

          antecedents. There is no compliance of Section 103 of the

          Bharatiya Nagarika Suraksha Sanhita, 2023. Learned counsel

          for the petitioner, therefore, contends that prima-facie no case is

          made out against the petitioner. Other co-accused has been

          enlarged on regular bail by this Court vide order dated

          04.11.2025, passed in Cr. Misc. No. 75667 of 2025.

                  5.      Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner. It is submitted that

          petitioner bears four criminal antecedents, that too of the similar

          nature, hence, he may not be released on anticipatory bail.

                  6.      Considering the aforesaid facts and circumstances

          of the case and specifically taking into account the fact that

          petitioner bears four criminal antecedents that too of the similar

          nature, hence, this Court is not inclined to grant anticipatory bail

          to the petitioner. Prayer for grant of anticipatory bail to the

          petitioner is hereby rejected.

                  7.      However, if the petitioner surrenders before the
           Patna High Court CR. MISC. No.90007 of 2025(2) dt.16-01-2026
                                                       3/3




                     court below within a period of four weeks from today and prays

                     for regular bail, the same would be considered by the court

                     below in accordance with law without being prejudiced by the

                     order of this Court.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T

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