Patna High Court
Laddu Kumar Mahto @ Laddu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioners' criminal antecedents.
Summary
The petitioners, Laddu Kumar Mahto and his wife Guriya Kumari, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 26.655 litres of liquor concealed near their house. The petitioners argued that the liquor was not in their conscious possession, the location was not their property, and the complaint was filed by a hostile watchman. The State opposed the bail, contending the seriousness of the offence. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on the petitioners surrendering within six weeks, furnishing bail bonds, and providing sureties, subject to verification of their criminal antecedents. The court stipulated that if the antecedent checks reveal more than the disclosed cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
- Whether the recovery of liquor from premises adjacent to the petitioners' house implicates them.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- section 30
- section 482
- criminal antecedent
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13275 of 2026
Arising Out of PS. Case No.-214 Year-2025 Thana- BOKHRA District- Sitamarhi
======================================================
1. Laddu Kumar Mahto @ Laddu Kumar S/o Late Bechan Mahto R/o vill -
Choti Sauriya, ward no. 5, P.s.- Bokhra, Distt.- Sitamarhi
2. Guriya Kumari W/o Laddu Kumar Mahto @ Laddu Kumar R/o vill - Choti
Sauriya, ward no. 5, P.s.- Bokhra, Distt.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of two cases under the Excise
Act and petitioner no. 2 is a person with clean antecedent and
allegation is of recovery of 26.655 liters of liquor concealed
under straw kept in front of the house of the petitioners
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.13275 of 2026(2) dt.10-03-2026
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was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners, but then is adjacent to their house and they came to
be implicated at the instance of Chowkidar with whom they are
on an inimical term. It is next submitted that if Chowkidar was
aware of the involvement of the petitioners 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
10,000/- (Rupees Ten 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
Bokhra P.S. Case No. 214 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
Patna High Court CR. MISC. No.13275 of 2026(2) dt.10-03-2026
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Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that petitioner no. 1 has antecedent of
more than two cases and petitioner no. 2 has antecedent of even
one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner no. 1 has antecedent of
two cases only and petitioner no. 2 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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