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Patna High Court

Ravi Kumar Mahto @ Ravi MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to a bail bond and verification of the petitioners’ criminal antecedents, with confirmation or cancellation thereafter.

Summary

The petitioners, three residents of Pandeypur, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 50 litres of liquor. They contended that they were not caught in possession, the alleged liquor was recovered from a public place, and the complaint originated solely from a chowkidar whose prior knowledge was questionable. The State opposed the bail, arguing the seriousness of the offence. The court examined the petitioners' clean antecedents (except one prior case) and the lack of direct recovery from them, and ordered provisional anticipatory bail conditioned on a Rs.5,000 bail bond with two sureties and subject to verification of their criminal records. The order further stipulated that if verification revealed undisclosed antecedents, the bail would be withdrawn; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under the provisions of the Criminal Procedure Code in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioners' criminal antecedents, if any, should preclude the grant of anticipatory bail.
  • Whether the prosecution has established sufficient material to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • criminal antecedent
  • bail bond
  • provisional bail
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12612 of 2026
                       Arising Out of PS. Case No.-413 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
           1.     Ravi Kumar Mahto @ Ravi Mahto S/O Punyadev Mahto R/O Vill-
                  Pandeypur, P.S- Baniyapur, Dist- Saran at Chapra- 841403.
           2.    Raju Kumar @ Raju Mahto S/O Jhamlal Mahto R/O Vill- Pandeypur, P.S-
                 Baniyapur, Dist- Saran at Chapra- 841403.
           3.    Jitendra Kumar Mahto @ Jitendra Mahto S/O Manshi Mahto R/O Vill-
                 Pandeypur, P.S- Baniyapur, Dist- Saran at Chapra- 841403.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jeetendra Narayan
                 For the Opposite Party/s :       Ms. Pronoti Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 and 2 are persons with clean antecedent and

                   petitioner no.3 has antecedent of one case and allegation is of

                   recovery of 50 litres of liquor from sacks from two different

                   places. It is next submitted that petitioners were not arrested

                   from the spot as such nothing was recovered from their
Patna High Court CR. MISC. No.12612 of 2026(2) dt.10-03-2026
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          conscious possession and even alleged recovery is from a place

          which does not belong to the petitioners and is accessible to

          public at large and they came to be implicated at the instance of

          chowkidar but then it is submitted that if chowkidar was aware

          of the involvement of the petitioner in the occurrence then why

          he did not inform the police prior to institution of the instant

          FIR which casts an aspersion on the case of the prosecution. 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 petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees five thousand) each

          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 Baniyapur P.S. Case No.413/2025, subject to

          the conditions as laid down under Section 482(2) of the
             Patna High Court CR. MISC. No.12612 of 2026(2) dt.10-03-2026
                                                         3/3




                       B.N.S.S.

                                    6. It is made clear that thereafter the learned trial court

                       thereafter shall verify the criminal antecedents of the petitioners

                       and in the event if it is found that petitioner no.1 and petitioner

                       no.2 has antecedent of even one case and petitioner no.3 has

                       antecedent of more than one case, in that event, it would be

                       presumed that petitioners had concealed their antecedent before

                       this court, as such, the provisional anticipatory bail order shall

                       not be confirmed with respect to those petitioners whose

                       criminal antecedent does not tally but if after verification the

                       criminal antecedent as recorded hereinabove tallies with the

                       petitioners in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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