Patna High Court
Nagendra MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to verification of the petitioner’s antecedents, with confirmation contingent on finding no more than three prior cases.
Summary
The petitioner, Nagendra Mahto, feared arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 100 litres and 123.5 litres of liquor from a public place. He contended that the liquor was not found in his possession, the location did not belong to him, and the complaint rested solely on the testimony of a chowkidar who had not reported the matter earlier. He also highlighted his three prior excise cases and argued that the police had mechanically implicated him without a proper investigation. The State opposed the grant of anticipatory bail. The Court, after hearing both sides, ordered provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify his criminal antecedents; if more than three prior cases are found, the bail would not be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged contraband was not recovered from the accused's possession
- Whether the presence of three prior excise cases precludes the grant of anticipatory bail
- Whether the testimony of a chowkidar without a prior police report is sufficient to justify arrest
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- excise offence
- bail conditions
- chowkidar testimony
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.245 of 2026
Arising Out of PS. Case No.-96 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Nagendra Mahto Son of Faujdar Mahto Resident of Village - Sadna, P.S.-
Muffasil, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
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 Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) 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 100 litres of liquor from Sada Chaur
and 123.5 litres of liquor from a sack. 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 public at large and he came to be implicated
at the instance of chowkidar but then it is submitted that if
Patna High Court CR. MISC. No.245 of 2026(2) dt.15-01-2026
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chowkidar was aware of the involvement of the petitioner in the
occurrence then why he did not inform the police prior to
institution of the instant FIR which casts an aspersion on the
case of the prosecution. 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
Chapra Muffasil P.S. Case No.96/2025, 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.245 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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