Patna High Court
Dinesh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties and verification of antecedent cases.
Summary
The petitioner, Dinesh Mahto, sought anticipatory bail fearing arrest in a case registered under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He contended that the alleged recovery of 31 litres of liquor and 400 litres of jaggery solution occurred at a location adjacent to his house and that no material was seized from his conscious possession, alleging reliance on secret information by the police. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. It further directed that if the petitioner is found to have more than three prior cases, the bail would not be confirmed, whereas if he has exactly three, the bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged excise and narcotic offences under the Bihar Prohibition and Excise Act, 2016 and the Bihar Narcotic Substances Act.
- Whether the petitioner’s antecedent criminal record affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- liquor seizure
- secret information
- criminal antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.231 of 2026
Arising Out of PS. Case No.-146 Year-2025 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
Dinesh Mahto S/O Kishun Mahto R/O Village- Hatadh Rupauli, PS-
Bhairavsthan, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nitu Kumari
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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 offence punishable under Sections 274, 275,
3(5) BNS and sections 30(a) of Bihar Prohibition and Excise
Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases, out of which, two cases
are under the Excise Act and allegation is of recovery of 31
litres of liquor along with 400 litres of jaggery solution from a
place behind the house of the petitioner and other recoveries as
recorded in the FIR. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
Patna High Court CR. MISC. No.231 of 2026(2) dt.15-01-2026
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conscious possession and even alleged recovery is from a place
which does not belong to the petitioner but is adjacent to his
house and he came to be implicated based on the secret
information which is the easiest way to implicate someone. 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 before the learned Court below
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
Bhairavsthan P.S. Case No.146/2025, 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
Patna High Court CR. MISC. No.231 of 2026(2) dt.15-01-2026
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event if it is found that petitioner has antecedent of more than
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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