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Patna High Court

Subhash Mahto @ Suvas MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedent, with the power to cancel the bail if any prior case is found.

Summary

The petitioner, Subhash Mahto, was implicated in a case under Sections 30(a), 32 and 41(1) of the Bihar Excise Act for allegedly recovering 288 litres of liquor and 1500 litres of Mahua from a paddy field that does not belong to him. He asserted that he has a clean antecedent, that nothing was found in his conscious possession, and that the complaint was filed by a hostile chowkidar. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs. 500 with two sureties and that the trial court verify his antecedent within six weeks. If any prior case is discovered, the bail may be cancelled; otherwise, the provisional order will be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in view of the allegations under the Bihar Excise Act.
  • Whether the petitioner’s claim of a clean antecedent and lack of possession warrants provisional bail pending verification.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 482
  • clean antecedent
  • provisional bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26658 of 2026
                     Arising Out of PS. Case No.-377 Year-2025 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
                 Subhash Mahto @ Suvas Mahto Son of Balishtar Mahto Resident of Village-
                 Koirgawan, P.S.- Sangrampur, District- East Champaran, Motihari

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajesh Kumar
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Rabindra Kumar.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a), 32

                   and 41(1) 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 288 litres of liquor from a paddy field along with

                   1500 litres of Mahua pass, which was destroyed.

                             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 field which does not belong to the petitioner
Patna High Court CR. MISC. No.26658 of 2026(2) dt.23-04-2026
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          and he came to be implicated at the instance of Chowkidar with

          whom he is on an inimical term. It is next submitted that if

          Chowkidar was aware about the involvement of the petitioner in

          the occurrence, then why he did not inform the police prior to

          institution of the instant 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 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 Sangrampur P.S. Case No. 377 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
              Patna High Court CR. MISC. No.26658 of 2026(2) dt.23-04-2026
                                                          3/3




                        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)
Sumit/-

U         T


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