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Patna High Court

Santosh MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Santosh Mahto, sought anticipatory bail fearing arrest in a case (PS No. 728/2021) involving serious offences under the Indian Penal Code and the Bihar Excise Act, including murder, attempt to murder and illegal liquor possession. He contended that the liquor (27 litres) was recovered from a premises not belonging to him and that he had no conscious possession, alleging that a hostile watchman had implicated him. The petitioner also highlighted his prior two excise cases, arguing that the police investigation was mechanical and lacked proper inquiry. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, noting that confirmation would depend on whether he has more than two prior cases.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the offences alleged under the IPC and Bihar Excise Act.
  • Whether the petitioner’s prior criminal antecedent of two excise cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Bihar Excise Act
  • criminal antecedent
  • illegal liquor possession
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23005 of 2026
                     Arising Out of PS. Case No.-728 Year-2021 Thana- SARAIYA District- Muzaffarpur
                 ======================================================
                 Santosh Mahto S/o Ramdev Mahto R/o Village - Rupauli, P.S - Jaitpur,
                 District - Muzaffarpur

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Jyoti Kumari
                 For the Opposite Party/s :        Mr. Rajesh 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 offences punishable under Sections 272, 273,

                   284, 328, 307, 302, 34 and 120(B) of the Indian Penal Code

                   read with Sections 30(a), 37(B), 33, 36 and 34 of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 27 liters of liquor from the house of

                   Santosh.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.23005 of 2026(2) dt.17-04-2026
                                            2/3




          recovery is from a place which does not belong to the petitioner

          and he has no concern or relation with Santosh 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 at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       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, 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.

          10,000/- (Rupees Ten 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 Saraiya

          P.S. Case No. 728 of 2021 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 petitioner and
            Patna High Court CR. MISC. No.23005 of 2026(2) dt.17-04-2026
                                                        3/3




                      in the event if it is found that petitioner has antecedent of more

                      than two cases then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed his

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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