Allowed¶18

Ram Kumar Mahto v. The State of Bihar

Patna HC23 Apr 2026CR. MISC./27211/2026

Case brief

AI extract

What is this about?

Provisional anticipatory bail; Patna High Court CR. MISC. No.27211 of 2026; Arer P.S. Case No. 31 of 2026; Madhubani; Sections 274 and 275 BNS; Section 30(a) Bihar Excise Act; Section 482(2) BNSS; recovery of 13.500 litres liquor from motorcycle; vehicle owner not arrested from spot; co-accused Rohit; criminal antecedent verification; concealment of antecedents; bail bonds Rs. 25,000 with two sureties; Satyavrat Verma, J.

What did the court decide?

Provisional anticipatory bail: release upon arrest or surrender within six weeks, on bail bonds of Rs. 25,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions, with confirmation contingent on Trial Court verification of criminal antecedents. ¶18

Ram Kumar Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

¶18

Issue for consideration

Whether the petitioner, apprehending arrest in Arer P.S. Case No. 31 of 2026 registered for offences under Sections 274 and 275 of BNS and Section 30(a) of the Bihar Excise Act, should be released on provisional anticipatory bail. +1 more

¶12

Court's answer

In the event of arrest or surrender before the learned trial court within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 25,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

¶18

Ratio / Principle

If verification by the Trial Court reveals antecedents of more than five cases, it would be presumed that the petitioner concealed his antecedents while seeking anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.

¶21

Key takeaways

If verification finds that the petitioner has antecedents of five cases (as submitted), the provisional anticipatory bail order shall be confirmed forthwith.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail - provisional grant with antecedent-verification condition. Petitioner apprehending arrest in Arer P.S. Case No. 31 of 2026 (Madhubani) for offences under Sections 274 and 275 of BNS and Section 30(a) of the Bihar Excise Act; alleged recovery of 13.500 litres of liquor from a motorcycle. Counsel submitted petitioner was not arrested from the spot, nothing was recovered from his conscious possession, he was implicated only as owner of the seized vehicle, and co-accused Rohit, apprehended from the spot, misused the vehicle; petitioner disclosed antecedents of five cases (four under the Excise Act). The A.P.P. opposed the prayer. The Court (Satyavrat Verma, J) directed release on provisional anticipatory bail upon arrest or surrender within six weeks, on bonds of Rs. 25,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions, and directed the Trial Court to verify antecedents: if more than five cases are found, the provisional order shall not be confirmed (presumed concealment); if five cases are found, it shall be confirmed forthwith.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27211 of 2026

¶2

Arising Out of PS. Case No.-31 Year-2026 Thana- ARER District- Madhubani

¶3

======================================================

¶4

Ram Kumar Mahto S/O Raj Kumar Mahto Resident of Village- Malmal, Ward No. 15, P.S- Kaluahi, Distt.- Madhubani, At present R/O Village- Paraul, P.SArer, Distt.- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Ranjeet Kumar Mishra For the Opposite Party/s : Ms.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

¶10

2 23-04-2026

¶11

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

¶12

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 274 and 275 of BNS and Section 30(a) of the Bihar Excise Act.

¶13

3. Learned counsel for the petitioner submits that the petitioner has antecedent of five cases out of which four cases are under the Excise Act and allegation is of recovery of 13.500 litres of liquor from a motorcycle.

¶14

4. Learned counsel for the petitioner submits that the 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

¶15

Patna High Court CR. MISC. No.27211 of 2026(2) dt.23-04-2026 2/3

¶16

vehicle. It is next submitted that no prudent person would use his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated, it is further submitted that petitioner was completely unaware that Rohit would misuse the vehicle in the manner as alleged, who was also apprehended from the spot.

¶17

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

¶18

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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) 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 Arer P.S. Case No. 31 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

¶19

7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than five cases then it would be presumed that petitioner, for the

¶20

Patna High Court CR. MISC. No.27211 of 2026(2) dt.23-04-2026 3/3

¶21

purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of five cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

¶22

(Satyavrat Verma, J)

¶23

Sumit/-

¶24

U T

Ram Kumar Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ram Kumar Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Kiran Devi Vs The State of Bihar

Badal Kumar Vs The State of Bihar

Sanjay Mahto Vs The State of Bihar

Kiran Devi Vs The State of Bihar

Ranjit Kumar Vs The State of Bihar

Bhuar Ray @ Nirmal Ray Vs The State of Bihar