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Patna High Court

Mintu Mahto @ Mintu Kumar MahatoversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                         3/3




                       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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