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Patna High Court

Santosh MahtoversusThe state of bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of his criminal antecedents.

Summary

Santosh Mahto sought anticipatory bail after a police case was registered under Section 281 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging that 504 litres of liquor were recovered from his Tata vehicle. He contended that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and that the driver had acted without his knowledge. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.500 with two sureties and that the trial court verify his criminal antecedents. If any antecedent is found, the bail would be revoked; otherwise, it would be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case of alleged possession of liquor under the Bihar Prohibition and Excise Act, 2018.
  • Whether the ownership of the vehicle used for the alleged offence is sufficient grounds for arrest.
  • Whether the petitioner’s clean antecedent warrants the grant of provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • vehicle ownership
  • criminal antecedent
  • Section 281
  • Section 30(a)
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17476 of 2026
                       Arising Out of PS. Case No.-174 Year-2025 Thana- Mufassil District- Khagaria
                 ======================================================
                 Santosh Mahto S/O Parash Mahto R/o Vill.- Pokhri Jote, Siliguri,P.O-
                 Champasari, P.s- Pradhannagar, Dist- Darjiling, State- West Bengal, Pini-
                 734003

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The state of bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Kumar
                 For the Opposite Party/s :        Mr. Shailendra Kumar 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 offence punishable under Section 281 BNS &

                   Section 30(a) of Bihar Prohibition and Excise Act, 2018.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 504 litres of liquor from a Tata vehicle. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and he

                   came to be implicated based on the fact that he is owner of the

                   seized vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.17476 of 2026(2) dt.19-03-2026
                                            2/3




          would create evidence against himself and hence would get

          implicated. It is also submitted that the petitioner was

          completely unaware that his driver would misuse his vehicle in

          the manner as alleged who also fled from the spot. It is next

          submitted that petitioner has been falsely implicated in the

          instant case with an allegation that he is owner-cum-driver of

          the vehicle.

                       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.500/- (Rupees five hundred) 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 Muffasil P.S. Case No.174/2025, 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 even one

          case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.17476 of 2026(2) dt.19-03-2026
                                                         3/3




                       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 is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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