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Patna High Court

Sajan MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to bond, sureties and verification of criminal antecedents, with the possibility of revocation if antecedents are concealed.

Summary

The petitioners, Sajan Mahto and Rajan Mahto, were implicated in a case alleging recovery of 125 litres of liquor from a public area, offences punishable under Section 30(a) of the Bihar Excise Act. The petitioners applied for anticipatory bail, contending that the liquor was not in their conscious possession and that the investigation was mechanically initiated. The State opposed the bail. The Court noted that one petitioner has three prior cases, two under the Excise Act, while the other has a clean record. It granted provisional anticipatory bail subject to a bail bond of Rs.15,000 and two sureties, directing the trial court to verify the petitioners’ criminal antecedents within six weeks. If any antecedent is found concealed, the bail for that petitioner will not be confirmed; otherwise, the provisional bail will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under Section 30(a) of the Bihar Excise Act.
  • Whether the existence of prior criminal antecedents, or concealment thereof, bars the grant of anticipatory bail.
  • Whether the trial court may condition the confirmation of anticipatory bail on verification of antecedents.

Subjects

  • anticipatory bail
  • excise law
  • Section 30(a)
  • Bihar Excise Act
  • criminal antecedent
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30687 of 2026
                       Arising Out of PS. Case No.-195 Year-2026 Thana- RIVILGANJ District- Saran
                 ======================================================
           1.     Sajan Mahto S/O Kariman Mahto Resident of Village- Katra Newaji Tola,
                  Adda No. 2, (Ward No. 29, Roopganj), P.S. - Rivilganj, District - Saran.
           2.    Rajan Mahto S/O Kariman Mahto Resident of Village- Katra Newaji Tola,
                 Adda No. 2, (Ward No. 29, Roopganj), P.S. - Rivilganj, 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 petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of three cases out of which two

                   cases are under the Excise Act and petitioner no. 2 is a person

                   with clean antecedent and allegation is of recovery of 125 liters

                   of liquor from a place near a diyara area.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.30687 of 2026(2) dt.06-05-2026
                                            2/3




          was recovered from their conscious possession and even alleged

          recovery is from a place which does not belong to the

          petitioners and is accessible to villagers at large and they came

          to be implicated at the instance of a local person, but then it is

          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 petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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.

          15000/- (Rupees Fifteen Thousand) each 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 Rivilganj P.S. Case No. 195 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 petitioners and in the

          event if it is found that any of the petitioners have antecedent of
            Patna High Court CR. MISC. No.30687 of 2026(2) dt.06-05-2026
                                                        3/3




                      even one case then it would be presumed that petitioners, for the

                      purposes of seeking anticipatory bail, had concealed their

                      antecedent before this Court, as such, the provisional anticipatory

                      bail order shall not be confirmed with respect to the petitioner who

                      had concealed his antecedent, but after verification if it is found

                      that petitioners are persons with clean antecedent in that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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