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Patna High Court

Jiwacch MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Jiwacch Mahto, sought anticipatory bail after the police registered a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act alleging that 270 litres of liquor were recovered from three motorcycles, one of which he owned. He argued that he was not in possession of the liquor, was unaware that his vehicle would be misused, and that ownership alone should not implicate him. The State opposed the bail, contending that the petitioner was involved in the offence. The Court, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., granted provisional anticipatory bail subject to a Rs.10,000 bond, two sureties, and a six‑week window for surrender, with a condition that the trial court verify his criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed. The order thus balances the petitioner’s claim of non‑involvement with the State’s concern over repeat offences.

Issues considered

  • What is the applicability of anticipatory bail under Section 438 Cr.P.C. in a case involving alleged possession of illicit liquor?
  • Does ownership of a vehicle used in the alleged offence constitute sufficient grounds to deny anticipatory bail?
  • How does the petitioner’s prior criminal antecedent affect the grant or confirmation of anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 438 CrPC
  • vehicle ownership
  • criminal antecedent
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24865 of 2026
                      Arising Out of PS. Case No.-649 Year-2025 Thana- Excise P.S. District- Sitamarhi
                 ======================================================
                 Jiwacch Mahto S/o Satyanarayan Mahto Resident of village- Barahi, PS-
                 Parihar, Dsitt- Sitamarhi
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Dwij Raj, Advocate
                 For the Opposite Party/s :         Mr. Chandra Bhushan Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-04-2026                  1. Heard learned counsel for the petitioner and Mr.

                   Chandra Bhushan Prasad, learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   32(3) of the Bihar Prohibition and 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 270 litres of liquor from three

                   motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of one of the seized vehicles. It is next submitted that no

                   prudent person would use his own vehicle for committing an
Patna High Court CR. MISC. No.24865 of 2026(2) dt.21-04-2026
                                            2/3




          occurrence and, thus, would create evidence against himself

          and, hence, would get implicated. It is also submitted that

          petitioner was completely unaware that Nishant Singh would

          misuse the vehicle in the manner as alleged who was also

          apprehended from the spot.

                       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 appearing on behalf of the petitioner, let 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.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 Sitamarhi Excise

          P.S. Case No. 649 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of more than two

          cases, it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.24865 of 2026(2) dt.21-04-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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