Patna High Court
Sanjay MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties, and verification of antecedents.
Summary
The petitioner, Sanjay Mahto, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 3.5 litres of liquor from a public place. He argued that he was not arrested at the spot, no liquor was found in his possession, and the informant’s identity was omitted from the FIR, suggesting reliance on secret information. The State opposed the bail. The Court, after considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and appear before the trial court within six weeks. The order is subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS, and the bail may be withdrawn if more than three prior cases are found.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the excise case
- Whether the lack of possession and the omission of the informant’s name in the FIR justify bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- secret informant
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26538 of 2026
Arising Out of PS. Case No.-270 Year-2023 Thana- BARH District- Patna
======================================================
Sanjay Mahto S/o- Late Katari Mahto @ Rajendra Mahto Resident of Purani
Bind Toli P.S- Barh, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Manglam
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
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 the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 3.5 litres of liquor from Umanath
Bind Toli.
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 even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.26538 of 2026(2) dt.22-04-2026
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at the instance of local people, but then the name of the person,
who disclosed the name of the petitioner, is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution,
when petitioner has not been implicated based on secret
information. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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. 15,000/- (Rupees
Fifteen 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 Barh P.S. Case No.
270 of 2023, 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
Patna High Court CR. MISC. No.26538 of 2026(2) dt.22-04-2026
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event if it is found that petitioner has antecedent of more than
three cases 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 has antecedent of three cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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