Patna High Court
Jagarnath Mahto @ Mangni MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedent.
Summary
The petitioner, Jagarnath Mahto, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 13 litres of liquor recovered from a bamboo orchard behind his house. He was not arrested at the spot and no liquor was found in his immediate possession. The petitioner sought anticipatory bail, arguing that the recovery was from a place not owned by him and that the FIR was based on undisclosed secret information. The State opposed the bail. The Court granted provisional anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedent by the trial court. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; if only two, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
- Whether the circumstances of the alleged recovery and lack of arrest justify granting anticipatory bail.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Section 30
- bail conditions
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13640 of 2026
Arising Out of PS. Case No.-396 Year-2025 Thana- DIGHWARA District- Saran
======================================================
Jagarnath Mahto @ Mangni Mahto Son of Late Binda Mahto Resident of
Village- Manupur, P.S.- Dighwara, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Khushi Awadh
For the Opposite Party/s : Mr.Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 13 litres of liquor from a bamboo
orchard behind the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the 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
Patna High Court CR. MISC. No.13640 of 2026(2) dt.12-03-2026
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implicated at the instance of local people, but then the name of
the person, who disclosed the name of the petitioner is not
disclosed in the FIR, which casts an aspersion on the case of the
prosecution, when petitioner has not been implicated based on
secret information. It is further submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 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) 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 Dighwara P.S. Case
No. 396 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 Court
shall verify the criminal antecedent of the petitioner and in the
Patna High Court CR. MISC. No.13640 of 2026(2) dt.12-03-2026
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event if it is found that petitioner has antecedent of more than two
cases then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of two cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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