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Patna High Court

Raj Kumar MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and pending verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Raj Kumar Mahto, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 99 litres of liquor. He argued that the liquor was not found in his possession, the alleged recovery site was public, and the FIR was based on undisclosed secret information, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offence and the petitioner's prior two excise cases. The court, after considering the submissions, ordered provisional anticipatory bail on the condition that the petitioner surrender within six weeks and furnish bail bonds and sureties, subject to verification of his criminal antecedent. It further directed that if more than two prior cases are found, the bail would not be confirmed, but if only two are verified, the provisional order would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged contraband was not recovered from the accused's possession.
  • Whether the existence of two prior excise cases influences the grant of anticipatory bail.
  • Whether an FIR based on undisclosed secret information is sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • FIR
  • secret information

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13920 of 2026
                     Arising Out of PS. Case No.-476 Year-2025 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
                 Raj Kumar Mahto S/O Ramkrishna Mahto Resident of Village- Katai, Police
                 Station- Nagar, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Md. Soban Asghar
                 For the Opposite Party/s :      Mr.Rajiv Nayan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026               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 99 litres of liquor from six different

                   plastic bags.

                             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
Patna High Court CR. MISC. No.13920 of 2026(3) dt.27-04-2026
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          and is accessible to public at large and he came to be 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 Nagar P.S. Case No.

          476 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
              Patna High Court CR. MISC. No.13920 of 2026(3) dt.27-04-2026
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                        shall verify the criminal antecedent of the petitioner and in the

                        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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