Laddu Kumar Mahto @ Laddu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13275 of 2026 Arising Out of PS. Case No.-214 Year-2025 Thana- BOKHRA District- Sitamarhi ====================================================== 1.
Laddu Kumar Mahto @ Laddu Kumar S/o Late Bechan Mahto R/o vill - Choti Sauriya, ward no. 5, P.s.- Bokhra, Distt.- Sitamarhi 2.
Guriya Kumari W/o Laddu Kumar Mahto @ Laddu Kumar R/o vill - Choti Sauriya, ward no. 5, P.s.- Bokhra, Distt.- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2026
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 petitioner no. 1 has antecedent of two cases under the Excise Act and petitioner no. 2 is a person with clean antecedent and allegation is of recovery of 26.655 liters of liquor concealed under straw kept in front of the house of the petitioners
4. Learned counsel for the petitioners submits that petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.13275 of 2026(2) dt.10-03-2026 2/3 was recovered from their conscious possession and even alleged recovery is from a place which does not belong to the petitioners, but then is adjacent to their house and they came to be implicated at the instance of Chowkidar with whom they are on an inimical term. It is next submitted that if Chowkidar was aware of the involvement of the petitioners in the occurrence then why he did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution.
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. 10,000/- (Rupees Ten Thousand) 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 Bokhra P.S. Case No. 214 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Patna High Court CR. MISC. No.13275 of 2026(2) dt.10-03-2026 3/3 Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner no. 1 has antecedent of more than two cases and petitioner no. 2 has 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, but after verification if it is found that petitioner no. 1 has antecedent of two cases only and petitioner no. 2 is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Rishabh/- U T