Patna High Court
Shankar Purbe @ Shankar Mahtho @ Shankar Mahto @ Shankar Prasad MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
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
Checking your session…