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Patna High Court

Jangali MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.

Summary

The petitioner, Jangali Mahto, sought anticipatory bail in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act for alleged recovery of 124.56 litres of liquor from an abandoned house. He contended that he was not arrested at the scene, no liquor was found in his possession, the house did not belong to him and the informant’s name was omitted from the FIR, raising doubts about the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 30,000 with two sureties and appear before the trial court within six weeks. The trial court was directed to verify the petitioner’s criminal antecedent; if more than six prior cases are found, the bail may be revoked. The order is subject to the conditions laid down under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite alleged offences under the Bihar Narcotic Substances Act and Bihar Excise Act.
  • Whether the petitioner’s prior criminal antecedent of six cases under the Excise Act warrants denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • narcotic offences
  • criminal antecedent
  • Section 482
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17186 of 2026
                    Arising Out of PS. Case No.-242 Year-2025 Thana- RAJNAGAR District- Madhubani
                 ======================================================
                 Jangali Mahto son of Late Bhola Mahto Resident of village- Rampatti, Ps-
                 Rajnagar, Dist- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Murari Narain Chaudhary
                 For the Opposite Party/s :      Mr.Raj Kishor Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-03-2026               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 Sections 274, 275

                   and 3(5) of BNS and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of six cases under the Excise Act and

                   allegation is of recovery of 124.56 litres of liquor from an

                   abandoned house.

                             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 house which does not belong to the petitioner

                   and he came to be implicated at the instance of local people, but
Patna High Court CR. MISC. No.17186 of 2026(2) dt.19-03-2026
                                            2/3




          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. 30,000/- (Rupees

          Thirty 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 Rajnagar P.S. Case No.

          242 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

          event if it is found that petitioner has antecedent of more than six
              Patna High Court CR. MISC. No.17186 of 2026(2) dt.19-03-2026
                                                          3/3




                        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 six cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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