Nirdhan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80558 of 2025 Arising Out of PS. Case No.-231 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== Nirdhan Mahto S/o Late Soman Mahto R/o Village- Gangaur, P.S- Harlakhi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Alias Ashok Karn For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-12-2025 1.

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

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 34 of the IPC and Section 30(a) of the Bihar Excise Act. 3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 360 litres of liquor near the house of the petitioner. 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 even the alleged recovery is from a place which is adjacent to his house and he came to be implicated based on secret information which is the easiest way to implicate someone.

5.

Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.80558 of 2025(2) dt.10-12-2025 2/2 anticipatory bail of the petitioner.

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. 500/- (Rupees Five Hundred) 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 Harlakhi P.S. Case No. 231 of 2022, subject to the conditions as laid down under Section 482(2) of the BNSS.

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 even one case then it would be presumed that petitioner, for the 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 is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T