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Patna High Court

Ram Niroha Mahto @ Ram Nirhora @ Ram NirohaversusThe State of Bihar

Decided
Disposal
DISPOSED

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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