Patna High Court
Lalbabu Mahto @ Lal Babu MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of antecedents, with the bail to be confirmed only if the petitioner does not have more than fifteen prior cases.
Summary
The petitioner, Lalbabu Mahto, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 8,769.6 litres of liquor from a truck. He argued that he was not arrested at the spot, the liquor was not found in his possession, and he was not the owner of the truck; the FIR did not name the informant who led to his implication. The petitioner also highlighted a history of fifteen prior excise cases, claiming a pattern of mechanical police implicating. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.75,000 with two sureties and directed the trial court to verify the petitioner’s antecedents, stipulating that if more than fifteen prior cases are confirmed, the bail would not be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Negotiable Securities Act in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
- criminal antecedents
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14215 of 2026
Arising Out of PS. Case No.-406 Year-2025 Thana- Excise P.S. District- Samastipur
======================================================
Lalbabu Mahto @ Lal Babu Mahto Son of Yogendra Mahto R/O Vill.-
Manpura, P.S.- Bangra, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar
For the Opposite Party/s : Mr. Upendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of 15 cases under the Excise Act and
allegation is of recovery of 8769.600 litres of liquor from a
truck. It is next submitted that petitioner was not arrested from
the spot as such nothing was recovered from his conscious
possession and is not the owner of the seized truck and he came
to be implicated at the instance of local person but then it is
submitted that the name of the person who disclosed the name
of the petitioner is not disclosed in the FIR which casts an
Patna High Court CR. MISC. No.14215 of 2026(2) dt.13-03-2026
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aspersion on the case of the prosecution. It is also submitted that
once an accused is implicated in a case relating to excise, the
police starts implicating mechanically either through chowkidar,
local person, confessional statement or secret information
without holding a proper investigation. It is also submitted that
earlier also petitioner came to be implicated in cases relating to
excise in similar manner.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.75,000/- (Rupees seventy five
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 Excise Samastipur
P.S. Case No.406/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
Patna High Court CR. MISC. No.14215 of 2026(2) dt.13-03-2026
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fifteen cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of
fifteen cases, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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