Patna High Court
Vishwakarma MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s criminal antecedents and compliance with the conditions prescribed under Section 438(2) of the Criminal Procedure Code.
Summary
Vishwakarma Mahto applied for anticipatory bail in a case alleging offences under Sections 336(3), 336(4), 340(2) and 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, claiming he was not arrested on the spot, had no possession of the seized liquor, and was not the owner of the auto from which 200 litres of liquor were recovered. He argued that his name was omitted from the FIR and that the police had mechanically implicated him based on information from a local person. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.5,000 with two sureties and conditions under Section 438(2) of the Cr.P.C., directing the trial court to verify his criminal antecedents before confirming the bail.
Issues considered
- Whether anticipatory bail should be granted despite the seriousness of the alleged offences under the Bihar Narcotic Substances Act and the Excise Act.
- Whether the petitioner’s lack of arrest at the scene, non‑possession of the seized liquor, and omission of his name from the FIR justify granting bail.
- Whether the presence of a prior case under the Excise Act affects the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 336(3), 336(4), 340(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Bihar Narcotic Substances Act
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30682 of 2026
Arising Out of PS. Case No.-219 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
Vishwakarma Mahto Son of Late Lakhan Mahto Resident of Village-
Rooipganj, Adda No. 02, P.S.- Town, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adarsh Ranjan
For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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
Sections 336(3), 336(4), 340(2) and 317(5) of the B.N.S. and
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 200 litres of liquor from an auto.
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 is not the owner of
the seized auto and he came to be implicated at the instance of
local person, but the name of the person, who disclosed the
Patna High Court CR. MISC. No.30682 of 2026(2) dt.06-05-2026
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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.5,000/- (Rupees Five 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 Town P. S. Case No.219 of 2026, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
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
Patna High Court CR. MISC. No.30682 of 2026(2) dt.06-05-2026
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found that petitioner has antecedent of more than one case, 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 one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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