Patna High Court
Mintu Mahto @ Mintu Kumar MahatoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of antecedents and compliance with bail bond conditions.
Summary
Mintu Mahto petitioned the Patna High Court for anticipatory bail after learning that he might be arrested in a case registered under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. He contended that the alleged seizure of liquor – 10 litres hidden near a hut, 5 litres from a scooty, and 36 litres from a bush – was not in his possession, the locations did not belong to him, and the police had mechanically implicated him based on a chowkidar’s statement. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.15,000 with two sureties and that the trial court verify his criminal antecedents. It further directed that if the petitioner is found to have more than three prior cases, the bail would be presumed concealed and not confirmed; otherwise, the bail would be confirmed. The order was made subject to the conditions laid down under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. are applicable.
- Whether the petitioner’s criminal antecedents affect the confirmation of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- police investigation
- criminal antecedent
- Section 30
- Section 47
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20333 of 2026
Arising Out of PS. Case No.-344 Year-2025 Thana- AMNAUR District- Saran
======================================================
Mintu Mahto @ Mintu Kumar Mahato S/o Umesh Mahto Resident of village-
Jagdishpur, Ketuka, Lachchhi, PS- Maker, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Singh
For the Opposite Party/s : Mr. Madan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 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 Sections 30(a) and
47 of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 10 litres of liquor conceal under
straw near a hut of Mahendra Manjhi, 5 litres of liquor from a
Scooty and 36 litres of liquor from a bush at village
Narsinghbhanpur. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and even alleged recovery is from a place
which does not belong to the petitioner and is accessible to
Patna High Court CR. MISC. No.20333 of 2026(2) dt.17-04-2026
2/3
public at large and is not the owner of the seized scooty and he
came to be implicated at the instance of chowkidar with whom
he is on an inimical term. It is also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
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.15,000/- (Rupees fifteen thousand)
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 Amnour P.S. Case No.344/2025, 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 more than
Patna High Court CR. MISC. No.20333 of 2026(2) dt.17-04-2026
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three cases, in that event, it would be presumed that petitioner
had 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 has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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