Patna High Court
Ram Niroha Mahto @ Ram Nirhora @ Ram NirohaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedents and compliance with the stipulated bail conditions.
Summary
The petitioners, Ram Niroha Mahto and Awadhesh Dubey, home guards, were implicated in a case under Section 30(a) of the Bihar Excise Act after a video showed them at a premises where 750 ml of a red liquid, later identified as containing ethyl and methyl alcohol, was recovered. They argued that they were not arrested on the spot, had no conscious possession of the liquor, and possessed clean antecedents. The State opposed their prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs 500 with two sureties and directed verification of their criminal antecedents. The order stipulated that if any antecedent is discovered, the bail would be cancelled, otherwise it would be confirmed. The decision rests on the principles governing anticipatory bail under Section 482(2) of the BNSS and the nature of the evidence.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged offence is based primarily on video evidence and no arrest has yet occurred
- Whether the petitioners’ clean antecedent and lack of conscious possession justify the grant of anticipatory bail
Subjects
- anticipatory bail
- excise law
- intoxicating substance
- video evidence
- clean antecedent
- home guard
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91734 of 2025
Arising Out of PS. Case No.-264 Year-2025 Thana- Excise P.S. District- Saran
======================================================
1. Ram Niroha Mahto @ Ram Nirhora @ Ram Niroha S/o- Late Sitaram
Mahto Resident of Naini P.S- Chapra Muffasil Dist- Saran at Chapra
2. Awadhesh Dubey S/o- Ganesh Dubey R/v- Bangara Ps- Daudpur Dist- Saran
at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shweta Anand
For the Opposite Party/s : Ms.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and allegation is of
recovery of 750 ml of red liquid from the guard room of
premises of DRCC. It is next submitted that the liquid was sent
for examination and it transpired that the liquid contained ethyl
alcohol and methyl alcohol, which falls under the category of
intoxicating substance.
Patna High Court CR. MISC. No.91734 of 2025(2) dt.13-01-2026
2/3
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and they came to be
implicated on account of video which went viral showing that
petitioners were present at the place of occurrence. It is next
submitted that since petitioners are home guard, as such they
were discharging their duty and the police in a mechanical
manner implicated them based on a viral video, when petitioners
admittedly are persons with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) each 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 Sadar
Excise P.S. Case No. 264 of 2025, subject to the conditions as
laid down under Section Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
Patna High Court CR. MISC. No.91734 of 2025(2) dt.13-01-2026
3/3
event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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