Patna High Court
Sanjeet Mahto @ Sanjit Mahto @ Sanjit KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his antecedent cases.
Summary
The petitioner, Sanjeet Mahto, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 47.76 litres of liquor from a location not belonging to him. He contended that he was not arrested at the spot, no liquor was found in his possession, and that the case was instigated by a local individual without proper investigation. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.25,000 with two sureties, subject to verification of his criminal antecedents. The order stipulated that if more than five prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to a person accused under Section 30(a) of the Excise Act despite his antecedent criminal cases.
- Whether the alleged recovery of liquor from a place not in the petitioner's possession justifies denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- liquor seizure
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10734 of 2026
Arising Out of PS. Case No.-398 Year-2025 Thana- Excise P.S. District- Samastipur
======================================================
Sanjeet Mahto @ Sanjit Mahto @ Sanjit Kumar S/O Late Bhola Mahto R/O
Village- Korbanddha, P.S.- Mufassil, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anant Kumar Mishra
For the Opposite Party/s : Mr.Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 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 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of five cases out of which three
cases are under the Excise Act and allegation is of recovery of
47.76 litres of liquor from a place in front of a bathan.
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 even alleged
recovery is from a place, which does not belong to the petitioner
and he came to be implicated at the instance of local person, but
Patna High Court CR. MISC. No.10734 of 2026(2) dt.24-02-2026
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then, it is submitted that police in majority of cases implicating
innocent persons either at the behest of Chaukidar, local person,
secret information and confessional statement in a mechanical
manner without holding a proper investigation.
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.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 Sadar Excise P. S. Case No.398 of 2025,
subject to the conditions laid down under Section 438(2) of the
Cr.P.C.
7. The application stands allowed.
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 more than five cases,
Patna High Court CR. MISC. No.10734 of 2026(2) dt.24-02-2026
3/3
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 has antecedent of five cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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