Ram Avtar Mahto @ Ram Watar Mahato @ Ramotar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83888 of 2025 Arising Out of PS. Case No.-72 Year-2023 Thana- CHACKMEHSI District- Samastipur ====================================================== Ram Avtar Mahto @ Ram Watar Mahato @ Ramotar Mahto Son of Late Mauje Mahto Resident of Village- Muradpur Ward No. 1, P.S.- Rosera, Dist.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-01-2026

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

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 468, 471, 420, 414, 34 of the IPC and Sections 30(a), 32, 36, 41 of the Excise Act.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 5951.880 litres of liquor from a truck, two pickup vehicle and on a car was also seized.

4. The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be

Patna High Court CR. MISC. No.83888 of 2025(2) dt.09-01-2026 2/3 implicated based on the that he is owner of one of the seized pick-up vehicle. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated. It is further submitted that petitioner was completely unaware that his driver would misuse the vehicle in the manner as alleged. It is also submitted that petitioner is aged about 70 years and has remained a person with clean antecedent although out, but then, in a mechanical came to be implicated.

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

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 Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum 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 Chakmehsi P. S. Case No.72 of 2023, subject to the conditions laid down under Section 482(2) of the BNSS.

7. The application stands allowed.

Patna High Court CR. MISC. No.83888 of 2025(2) dt.09-01-2026 3/3

8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner 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 obtaining anticipatory bail had concealed his 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 petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) vikash/- U T