Patna High Court
Chandrama Mahto @ Chandrama KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties and verification of antecedents, with confirmation contingent on the findings.
Summary
The petitioners, three residents of Koirgawa Bin Toli, sought anticipatory bail fearing arrest in a case registered under Sections 30(a) and 30(d) of the Bihar Excise Act concerning the alleged recovery of liquor from a distillery not owned by them. They contended that no liquor was found in their conscious possession and that the case was based on secret information and prior patterns of mechanical implicating by police. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on each petitioner furnishing a bail bond of Rs. 35,000 with two sureties and subject to verification of their criminal antecedents. The Court stipulated that if any petitioner is found to have more prior cases than disclosed, the provisional bail would not be confirmed for that individual; otherwise, the bail would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the pending excise case.
- Whether the court may condition anticipatory bail on verification of the petitioners' prior criminal antecedents.
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- provisional bail
- secret information
- distillery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18567 of 2026
Arising Out of PS. Case No.-46 Year-2020 Thana- SANGRAMPUR District- East
Champaran
======================================================
1. Chandrama Mahto @ Chandrama Kumar Son of Suresh Mahto Resident of
Village - Koirgawa Bin Toli, P.S. - Sangrampur, Dist. - East Champaran.
2. Hari Mahto Son of Suresh Mahto Resident of Village - Koirgawa Bin Toli,
P.S. - Sangrampur, Dist. - East Champaran.
3. Ganesh Mukhiya @ Ganesh Bin Son of Bhajan Mukhiya Resident of Village
- Koirgawa Bin Toli, P.S. - Sangrampur, Dist. - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a) and
30(d) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of three cases under the Excise
Act, petitioner no. 2 has antecedent of two cases under the
Excise Act and petitioner no. 3 has antecedent of seven cases
out of which five cases are under the Excise Act and allegation
is of recovery of 105 liters of liquor from distillery of 13
Patna High Court CR. MISC. No.18567 of 2026(2) dt.16-04-2026
2/3
accused persons including the petitioners along with 305 liters
of Mahua solution which was destroyed at the spot.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a distillery which does not belong to the
petitioners and they came to be implicated based on secret
information which is the easiest way to implicate someone. It is
also 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. It is also submitted that petitioners earlier also in
similar manner came to be implicated in cases relating to excise.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
35,000/- (Rupees Thirty Five Thousand) each with two sureties
Patna High Court CR. MISC. No.18567 of 2026(2) dt.16-04-2026
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of the like amount each to the satisfaction of the learned Trial
Court where the case is pending/successor court in connection
with Sangrampur P.S. Case No. 46 of 2020 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 petitioners and in the
event if it is found that petitioner no. 1 has antecedent of more
than three cases, petitioner no. 2 has antecedent of more than two
cases and petitioner no. 3 has antecedent of more than seven cases
then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
antecedent, but after verification if it is found that petitioner no. 1
has antecedent of three cases only, petitioner no. 2 has antecedent
of two cases only and petitioner no. 3 has antecedent of seven
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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