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Patna High Court

Munna MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Munna Mahto, applied for anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act alleging recovery of 55 litres of liquor from a location behind his house. He argued that he had no prior criminal record, the liquor was not found in his possession, and the complaint was motivated by an adversarial relationship with the complainant, the chowkidar. The State opposed the bail. The High Court, considering the petitioner's clean antecedent and the circumstances of the alleged recovery, directed that he be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code. The court also ordered verification of his antecedent, stating that any discovered prior case would lead to revocation of the bail, while confirmation of a clean record would solidify the bail order. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the circumstances of the alleged recovery and the petitioner's lack of possession justify granting bail.
  • Whether the High Court may impose conditions under Section 482(2) of the Criminal Procedure Code in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • Section 482(2)
  • clean antecedent
  • provisional bail
  • high court inherent powers

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13492 of 2026
                   Arising Out of PS. Case No.-547 Year-2025 Thana- SUGAULI District- East Champaran
                 ======================================================
                 Munna Mahto S/o Ramchandra Mahto R/o vill - Sugan Dhangad Tola, P.S.-
                 Sugauli, Dist.- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

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

                   Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 55 litres of liquor from a place behind the house of

                   the petitioner. It is next submitted that petitioner was not

                   arrested from the spot, as such, nothing was recovered from his

                   conscious possession and even alleged recovery is from a place

                   which does not belong to the petitioner and is accessible to

                   villagers at large and he came to be implicated at the instance of

                   Chowkidar with whom he is on an inimical term. It is also
Patna High Court CR. MISC. No.13492 of 2026(2) dt.10-03-2026
                                            2/3




          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.

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

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, 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-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Special Judge,

          Excise Court No.1, Motihari, East Champaran in connection

          with Sugauli P.S. Case No.547 of 2025, subject to the conditions

          laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining
               Patna High Court CR. MISC. No.13492 of 2026(2) dt.10-03-2026
                                                           3/3




                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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