Patna High Court
VIJAY MAHTOversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
Vijay Mahto sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 30(c) of the Bihar Excise Act for alleged recovery of 122 litres of liquor and 252 litres of fermented Jawa Mahua solution from a brewery. He contended that he was not in possession of the liquor, was not the owner of the brewery, and that the FIR omitted the name of the informant, casting doubt on the prosecution's case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.5,000 with two sureties and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedent; if more than one prior case is found, the bail would not be confirmed, otherwise it would be confirmed forthwith. The decision reflects the Court’s discretion under Section 482(2) of the BNSS to grant bail while ensuring that the trial court examines the petitioner’s background.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Excise Act where the petitioner claims lack of possession and ownership of the alleged contraband.
- Whether the omission of the informant's name in the FIR affects the grant of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent influences the confirmation of anticipatory bail.
Legislation cited
- Bihar Criminal Procedure Code — s. 482(2)
- Bihar Excise Act — s. 30(a), 30(c)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- possession
- criminal antecedent
- bail conditions
- FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11789 of 2026
Arising Out of PS. Case No.-70 Year-2025 Thana- EXCISE MANJHAUL District- Begusarai
======================================================
VIJAY MAHTO S/o Ram Bilash Mahto Resident of Village- Darha, P.S.-
Bakhri, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 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 30(a) and
30(c) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 122 liters of liquor from brewery of petitioner along
with 252 liters of fermented Jawa Mahua solution which
destroyed at the spot.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the brewery and even alleged recovery is from a place
Patna High Court CR. MISC. No.11789 of 2026(2) dt.24-02-2026
2/3
which does not belong to the petitioner and he came to be
implicated at the instance of local person, but then the name of
the person who disclosed the name of the petitioner is not
disclosed in the 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 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.
5,000/- (Rupees 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 Excise
Manjhaul P.S. Case No. 70 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
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
Patna High Court CR. MISC. No.11789 of 2026(2) dt.24-02-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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