Patna High Court
Pawan Mahto @ Pawan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to a bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Pawan Mahto, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 300 litres of liquor from a bamboo orchard adjacent to his house. The petitioner argued that the liquor was not recovered from his conscious possession, the location did not belong to him, and the FIR omitted the name of the informant, casting doubt on the prosecution's case. The State opposed the anticipatory bail, citing the petitioner’s antecedent of ten prior cases, eight of which were under the Excise Act. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.50,000 with two sureties and directed verification of the petitioner’s criminal antecedent. The order further stipulated that if the petitioner is found to have more than ten prior cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 438(2) CrPC for offences under Section 30(a) of the Excise Act despite the petitioner’s prior criminal antecedents.
- Whether the absence of recovery from the petitioner’s conscious possession and the location of the alleged liquor affect the grant of anticipatory bail.
- What conditions may be imposed under Section 438(2) CrPC when granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- bail bond
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26768 of 2026
Arising Out of PS. Case No.-548 Year-2025 Thana- GAUTAMBUDHNAGAR District-
Siwan
======================================================
Pawan Mahto @ Pawan Kumar S/O Upendra Mahto Resident of Village -
Rauza Gaur, P.S. - G.B. Nagar, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bijay Prakash Singh
For the Opposite Party/s : Mr.Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of ten cases out of which eight
cases are under the Excise Act and allegation is of recovery of
300 litres of liquor from a bamboo orchard near house of the
petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.26768 of 2026(2) dt.23-04-2026
2/3
recovery is from a place, which does not belong to the
petitioner, but then, is adjacent to his house and he came to be
implicated at the instance of local person, but the name of the
person, who disclosed the name of the petitioner is not disclosed
in the F.I.R., which casts an aspersion on the case of the
prosecution. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.50,000/- (Rupees Fifty 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 G.B. Nagar P. S. Case No.548 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.26768 of 2026(2) dt.23-04-2026
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8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than ten cases, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of ten cases only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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