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Patna High Court

Shankar Purbe @ Shankar Mahtho @ Shankar Mahto @ Shankar Prasad MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail may be granted subject to bond, sureties and verification of antecedent where the petitioner claims lack of possession and clean record.

Summary

The petitioner, Shankar Mahto, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for allegedly possessing five litres of liquor recovered from a cowshed. He contended that the cowshed did not belong to him, no liquor was found in his conscious possession, and he has a clean antecedent. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties, subject to verification of his criminal antecedent. The order was made under Section 482(2) of the BNSS, with the proviso that if any antecedent is discovered, the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the alleged recovery of liquor from a cowshed not owned by the petitioner justifies arrest.
  • Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.
  • Whether Section 482(2) of the BNSS permits provisional anticipatory bail pending verification.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • liquor possession
  • clean antecedent
  • Section 482(2)
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26480 of 2026
                    Arising Out of PS. Case No.-75 Year-2026 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Shankar Purbe @ Shankar Mahtho @ Shankar Mahto @ Shankar Prasad
                 Mahto S/o- Late Bindeswari Mandal @ Bindashwari Mahto Resident of
                 village- Bibhutipur Surihari Dhala Police Station-Bibhutipur District-
                 Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Singh
                 For the Opposite Party/s :       Md. Fahimuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  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

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 5 liters of liquor from cowshed of the petitioner.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

                   recovery is from a cowshed which does not belong to the

                   petitioner and he came to be implicated with an allegation that
Patna High Court CR. MISC. No.26480 of 2026(2) dt.22-04-2026
                                            2/3




          the cowshed belongs to him. It is also submitted that a specific

          pleading to that effect, that the cowshed does not belong to the

          petitioner, has been made at Para-9 of the anticipatory bail

          application and he came to be implicated at the instance of

          Chowkidar with whom he is on an inimical term and the police

          in a mechanical manner implicated him without properly

          investigating the case with regard to the fact that as to whether

          the cowshed belongs to the petitioner or not.

                       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

          Bibhutipur P.S. Case No. 75 of 2026 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
            Patna High Court CR. MISC. No.26480 of 2026(2) dt.22-04-2026
                                                        3/3




                      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.



                                                (Satyavrat Verma, J)
Rishabh/-

U


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