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Patna High Court

Chandrama Mahto @ Chandrama KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                        3/3




                      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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