Rahul Mahto @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79301 of 2025 Arising Out of PS. Case No.-376 Year-2025 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

Rahul Mahto @ Rahul Kumar S/o Mangal Mahto R/o village - Korahiya, P.S - Jaynagar, District - Madhubani 2.

Ram Kumar @ Rambabu Ram S/o Debu Ram @ Devnarayan Ram @ Debu Ray R/o village - Korahiya, P.S - Jaynagar, District - Madhubani 3.

Hukumdev Das @ Hukumdev S/o Ganga Prasad R/o village - Korahiya, P.S - Jaynagar, District - Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-12-2025

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of the Excise Act.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the allegation is of recovery of 90 litres of liquor from a motorcycle.

4. The learned counsel for the petitioners submits that petitioners were not arrested from the spot, as such, nothing was

Patna High Court CR. MISC. No.79301 of 2025(2) dt.08-12-2025 2/3 recovered from their conscious possession and is not the owner of the seized motorcycle and he came to be implicated based on confessional statement of Dinesh in police custody, which does not have any evidentiary value.

5. Learned A.P.P. opposes the anticipatory bail application.

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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum 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 Rajnagar P. S. Case No.376 of 2025, G.R. No.1114 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

7. The application stands allowed.

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event, if it is found that petitioners have antecedent of even one case,

Patna High Court CR. MISC. No.79301 of 2025(2) dt.08-12-2025 3/3 then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioners are persons with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) vikash/- U T