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Patna High Court

Ajay Mahto @ Ajay KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.1868 of 2026(2) dt.22-01-2026
                                            2/3




          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
                                                       3/3




                     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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