Patna High Court
Santosh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Indian Penal Code — s. 120B, 272, 273, 284, 302, 307, 328, 34
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
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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
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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
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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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