Patna High Court
Sajan MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
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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
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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
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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
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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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