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Patna High Court

Butan MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, given the petitioner’s advanced age and spotless antecedent, anticipatory bail must be granted subject to conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Butan Mahto, a 71‑year‑old senior citizen with a clean record, applied for anticipatory bail in a case involving alleged recovery of liquor and cash and the death of a person who consumed poisonous liquor. He was not named in the FIR, and his name surfaced only after two years of investigation. The petitioner argued that, unlike other co‑accused who were denied bail due to criminal antecedents, he deserved bail on the basis of his age, clean antecedent and parity with a prior case where anticipatory bail was granted. The State opposed the relief, citing earlier rejections of similar applications. The Court, after considering the petitioner’s senior status and lack of prior convictions, granted anticipatory bail subject to a bail bond of Rs 5,000 with two sureties and conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to a person not named in the FIR but later implicated in serious offences under the IPC and Excise Act.
  • Whether the petitioner’s senior citizen status and clean antecedent justify granting bail despite the gravity of the charges.
  • Whether parity with earlier cases where anticipatory bail was granted or denied is relevant to the decision.

Legislation cited

Subjects

  • anticipatory bail
  • senior citizen
  • clean antecedent
  • IPC offences
  • Excise Act
  • poisonous liquor death
  • bail conditions
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13250 of 2026
                     Arising Out of PS. Case No.-730 Year-2021 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Butan Mahto S/O Late Bhola Mahto Resident of Village- Rauli, P.S.- Jaitpur,
                 (old Saraiya), Dist.- Muzaffarpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sheo Kumar Prasad
                 For the Opposite Party/s :        Mr.Anand Kishore Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in Saraiya (Jayattpur O.P.) P. S. Case No.730 of 2021

                   registered for the offences punishable under Sections 272,

                   273, 328, 307, 302/34 and 120(B) of the I.P.C. and Sections

                   30(a), 30(c), 37(B) of the Excise Act.

                                3. The learned counsel for the petitioner submits

                   that the petitioner is a person with clean antecedent and is a

                   a senior citizen aged about 71 years and allegation is of

                   recovery of 750ml of liquor along with Rs.48,735/- in cash

                   and empty bottles from shop of Ram Ekbal Singh. Further,

                   half filled bottles of 375ml whiskey and 10ml in 180ml
Patna High Court CR. MISC. No.13250 of 2026(2) dt.15-04-2026
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          bottles of whiskey from shop of Manoj and Anoj Rai. It is

          next alleged that a person named Hemant Mishra died after

          consuming poisonous liquor in Vishambharpur village and

          two others are undergoing treatment in private hospital.

                       4. The learned counsel for the petitioner submits

          that petitioner is not named in the FIR, as such, nothing was

          recovered from his conscious possession and he has no

          concern or relation with Ram Ekbal Singh, Manoj and Anoj

          Rai. It is also submitted that his name transpired during the

          course of investigation after two years. It is next submitted

          that similarly situated co-accused Lotan Mahto had

          approached this Court seeking anticipatory bail by filing Cr.

          Misc. No.57342 of 2022 and the same came to be allowed

          by an order dated 04.07.2023, thus the petitioner based on

          parity seeks anticipatory bail. It is reiterated and submitted

          that petitioner is a senior citizen aged about 71 years.

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

          application of the petitioner and submits that Vijay Kumar

          @ Bijendra Kumar @ Bijendra Singh had approached this

          Court seeking anticipatory bail by filing Cr. Misc.

          No.10201 of 2026 and the same came to be rejected by an
Patna High Court CR. MISC. No.13250 of 2026(2) dt.15-04-2026
                                            3/4




          order dated 15.04.2026, thereafter Ramdeo Mahto also

          approached this Court seeking anticipatory bail by filing Cr.

          Misc. No.12620 of 2026 and the same also came to be

          rejected by an order dated 15.04.2026, but then, the learned

          counsel appearing on behalf of the petitioner rebuts the said

          submission of the learned A.P.P. and submits that persons

          whose anticipatory bail applications have been rejected,

          were having criminal antecedent and the age was also not

          on their side. It is further submitted that petitioner has

          remained a person with clean antecedent althroughout his

          life and in the instant case though he is not named, but

          subsequently during the course of investigation, his name

          transpired. It is also submitted that petitioner will not

          abscond rather will cooperate in the investigation to prove

          his innocence.

                       6. After hearing the learned counsel for the parties,

          the petitioner and taking the age of the petitioner in

          consideration, 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
               Patna High Court CR. MISC. No.13250 of 2026(2) dt.15-04-2026
                                                           4/4




                         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 Saraiya (Jaitpur O.P.) P. S. Case No.730 of

                         2021, subject to the conditions laid down under Section

                         482(2) of the BNSS.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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