Patna High Court
Ritalal MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioners subject to conditions and verification of antecedents under Section 482(2) of the BNSS.
Summary
The petitioners, Ritalal Mahto and Sonalal Paswan, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 100 litres of liquor from Dumra Chewar. They argued that they were not caught in possession and that the complaint was filed by a chowkidar without prior police notification, casting doubt on the prosecution's case. The State opposed the bail. The High Court, after hearing both sides, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 each with two sureties and directed verification of the petitioners' criminal antecedents. It warned that if any petitioner is found to have more than one prior case, the bail would be withdrawn for that individual. The order is to be confirmed by the trial court after verification.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the circumstances of the FIR and lack of possession justify granting bail.
- Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- liquor seizure
- criminal antecedent
- high court
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30819 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- KOTWA District- East Champaran
======================================================
1. Ritalal Mahto S/O Ramdayal Mahto R/o vill- Dumra P.S.- Kotwa Dist- East
Champaran
2. Sonalal Paswan @ Sohanlal Paswan S/O Babulal Paswan R/o vill- Dumra
P.S.- Kotwa Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar Ii
For the Opposite Party/s : Mr. Abhay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 07-05-2026 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
petitioners have antecedent of one case and allegation is of
recovery of 100 liters of liquor from Dumara Chewar.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.30819 of 2026(2) dt.07-05-2026
2/3
petitioners and is accessible to villagers at large and they came
to be implicated at the instance of Chowkidar and local person,
but then it is submitted that if Chowkidar and local person were
aware of the involvement of the petitioners in the occurrence
then why they 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 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.
5000/- (Rupees Five 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
Kotwa P.S. Case No. 66 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
Patna High Court CR. MISC. No.30819 of 2026(2) dt.07-05-2026
3/3
antecedent of more than 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 that petitioner who had concealed his antecedent, but
after verification if it is found that petitioners have antecedent of
one case only, in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.