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Patna High Court

Laddu Kumar Mahto @ Laddu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                        3/3




                      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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