Patna High Court
Ajay Mahto @ Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedent.
Summary
The petitioner, Ajay Mahto, sought anticipatory bail fearing arrest in a case registered under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 35 litres of liquor and 40 litres of Jawa Mahua were recovered from a bamboo bush. He contended that he has a clean antecedent, that the alleged liquor was not in his possession, and that the complaint originated from a village watchman (chawkidar) without prior police notification. The State opposed the bail, arguing the seriousness of the offences. The Court examined the petitioner's claim of no prior criminal record and the lack of direct possession, and considered the statutory provisions for anticipatory bail. It granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of the petitioner's antecedent within six weeks. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Criminal Procedure Code in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the petitioner's claim of a clean antecedent and lack of possession of the alleged liquor warrants bail
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- clean antecedent
- liquor seizure
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1868 of 2026
Arising Out of PS. Case No.-310 Year-2025 Thana- SAUR BAZAR District- Saharsa
======================================================
Ajay Mahto @ Ajay Kumar Son of Prakash Mahto Resident of Village-
Beldari Tola, Chandaur, Ward No. 07, P.S.- Sour Bazar, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 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 30(a) and
30(c) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 35 litres of liquor from a bamboo bush and 40 litres
of Jawa Mahua was destroyed at the spot.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to villagers at large. It is further submitted that
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petitioner came to be implicated at the instance of the
Chawkidar but then it is submitted that if the Chawkidar was
aware of the involvement of the petitioner in the occurrence
then why he did not inform the police prior to the institution of
the instant FIR which casts an aspersion on the case of the
prosecution, when petitioner admittedly is a person with clean
antecedent.
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, let 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.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 Sour
Bazar P.S. Case No. 310 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./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 if
Patna High Court CR. MISC. No.1868 of 2026(2) dt.22-01-2026
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it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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