Patna High Court
Deepak Mahto @ Deepak Kumar @ Deepak Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure — s. 482(2)
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
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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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