Patna High Court
Santosh MahtoversusThe state of bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 281
- Code of Criminal Procedure — s. 482(2)
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
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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
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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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