Patna High Court
Shivmandal Mahto @ Shivmangal MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedents.
Summary
The petitioner, Shivmandal Mahto, applied for anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of six litres of liquor from his house, which is a joint family property. He argued that the liquor was not found in his conscious possession, that the concept of deemed possession was abolished by the 2018 amendment, and that the complaint was motivated by an inimical chowkidar. The State opposed the bail, contending the seriousness of the offence. The Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedents. It further stipulated that if more than one prior case is found, the bail would not be confirmed, but if only one prior case exists, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the FIR under Section 30(a) of the Bihar Excise Act.
- Whether the post‑2018 amendment abolishing the concept of deemed possession affects the prosecution’s case.
- Whether the FIR, allegedly filed on the basis of an inimical chowkidar’s information, is tainted and warrants bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- joint family property
- Section 482(2) BNSS
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15649 of 2026
Arising Out of PS. Case No.-575 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Shivmandal Mahto @ Shivmangal Mahto Son of Harichandra Mahto @
Chandrama Mahto @ Harishandra Mahto R/o Village - Puniya Toli Hat
Sairiya, P.S. - Bairiya, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar No 2, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-03-2026 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
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 6 liters of liquor from house of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and the house in
question is a joint family property, as such, it cannot be alleged
Patna High Court CR. MISC. No.15649 of 2026(2) dt.16-03-2026
2/3
with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within his
knowledge and after amendment in the excise act in the year
2018, the concept of deemed possession and presumed offender
has been done away with and he came to be implicated at the
instance of Chowkidar with whom he is on an inimical term. It
is next 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.
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.
5,000/- (Rupees 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 Bairiya
P.S. Case No. 575 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
Patna High Court CR. MISC. No.15649 of 2026(2) dt.16-03-2026
3/3
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than one
case 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 one case only, in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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