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Patna High Court

Deepak Mahto @ Deepak Kumar @ Deepak Kumar MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of his criminal antecedent.

Summary

The petitioner, Deepak Mahto, sought anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Excise Act for alleged possession of liquor recovered from another individual and a nearby mill. He asserted a clean criminal record and argued that no liquor was found in his actual possession, nor was he present at the spot of recovery, and that the informant’s identity was omitted from the FIR. The State opposed the bail, contending that the allegations warranted detention. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bail bond, two sureties, and verification of the petitioner’s antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed, but if the petitioner’s clean record is affirmed, the provisional bail would be made permanent.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the inherent powers of the High Court in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the lack of disclosure of the informant in the FIR affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30
  • clean antecedent
  • high court
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2552 of 2026
                       Arising Out of PS. Case No.-286 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Deepak Mahto @ Deepak Kumar @ Deepak Kumar Mahto S/O Wakeel
                 Mahto Resident of village- Bhagwanpur, P.S.- Panapur, Dist.- Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Radha Mohan Singh
                 For the Opposite Party/s :       Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 2 litres of liquor from possession of Indradev Mahto

                   and 13.200 litres of liquor from a place near a mill.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and petitioner has no

                   concern or relation with Indradev and he came to be implicated

                   at the instance of local people, but then the name of the person,
Patna High Court CR. MISC. No.2552 of 2026(2) dt.28-01-2026
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          who disclosed the name of the petitioner is not disclosed in the

          FIR, which casts an aspersion on the case of the prosecution.

                   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.

          500/- (Rupees Five Hundred) 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 Panapur

          P.S. Case No. 286 of 2025, 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 in the

          event if it is found that petitioner has antecedent of even one case

          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 is a

          person with clean antecedent in that event the provisional

          anticipatory bail order shall be confirmed forthwith.
              Patna High Court CR. MISC. No.2552 of 2026(2) dt.28-01-2026
                                                          3/3




                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 1,500/- with Advocates’ Association, Patna High

                        Court.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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