Patna High Court
Shashi Kumar @ Shashi MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond and verification of antecedents.
Summary
The petitioner, Shashi Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Acts of 2018 and 2022, alleging that liquor was recovered from a riverbank and a house not belonging to him. He contended that he was not caught in possession, that the recovery was from a public area, and that he was implicated by a hostile chowkidar without proper investigation, despite having nine prior cases, eight of which were excise matters. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bond of Rs.45,000 with two sureties and subject to Section 482(2) of the CrPC, directing the trial court to verify his criminal antecedents. If more than nine prior cases are found, the bail may be revoked; if exactly nine, it will be confirmed. The order thus provides temporary relief while allowing the trial court to assess the petitioner’s history.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in an excise offence case despite his prior criminal antecedents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- criminal antecedent
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12329 of 2026
Arising Out of PS. Case No.-400 Year-2025 Thana- SASARAM MUFFSIL District- Rohtas
======================================================
Shashi Kumar @ Shashi Mahto S/o Mundrika Mahto @ Mundrika Singh
Resident of Village- Dahiyar, P.S.- Sasaram (Muffasil), District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashutosh Tripathy
For the Opposite Party/s : Mr. Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-03-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018 and 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of nine case, out of which, eight cases
are under the Excise Act and allegation is of recovery of 30
litres of liquor from a place near bank of kau river and 2.200
litres of liquor from house of Reshma Devi. It is next submitted
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 is accessible to villagers at large and he has no concern or
Patna High Court CR. MISC. No.12329 of 2026(2) dt.09-03-2026
2/3
relation with Reshma Devi and he came to be implicated at the
instance of chowkidar with whom he is on an inimical term. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.45,000/- (Rupees forty 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 Sasaram (Muffasil)
P.S. Case No.400/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
nine cases, in that event, it would be presumed that petitioner
Patna High Court CR. MISC. No.12329 of 2026(2) dt.09-03-2026
3/3
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of nine
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.