Patna High Court
Butan MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
- Excise Act — s. 30(a), 30(c), 37(B)
- Indian Penal Code — s. 120B, 272, 273, 302, 307, 328, 34
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
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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
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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
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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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