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Patna High Court

Bhim MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to bond, sureties, and verification of antecedents, with cancellation if more than two prior cases are found.

Summary

The petitioner, Bhim Mahto, feared arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 200 litres of liquor from an auto. He argued that he was not caught in possession, was not the owner of the vehicle, and was implicated by local residents, who had not informed police earlier. The State opposed his request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties of the same amount, and appear before the trial court within six weeks. The order was made subject to verification of the petitioner’s criminal antecedents, with a provision that the bail would be cancelled if more than two prior cases are discovered. The court directed the trial court to confirm the bail if the antecedent check confirms only two prior cases.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s alleged lack of possession and ownership, and the role of local residents, affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • bail bond
  • criminal antecedent
  • seizure
  • provisional order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32761 of 2026
                    Arising Out of PS. Case No.-219 Year-2026 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Bhim Mahto S/o Akalu Mahto R/o vill - Roopganj Adda No. 2, P.S.- Nagar,
                 Chapra Town, Distt.- Saran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajit Kumar Singh
                 For the Opposite Party/s :      Mr.Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-05-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

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

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases out of which one case is

                   under the Excise Act and allegation is of recovery of 200 litres

                   of liquor from an Auto.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized vehicle and he came to be implicated at the instance

                   of local people, but then it is submitted that if local people was
Patna High Court CR. MISC. No.32761 of 2026(2) dt.15-05-2026
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          aware about the involvement of the petitioner in the occurrence,

          then why he 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 petitioner.

                   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 trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees

          Ten 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 Chapra Town P.S.

          Case No. 219 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 petitioner and in the

          event if it is found that petitioner has antecedent of more than two

          cases then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner has
              Patna High Court CR. MISC. No.32761 of 2026(2) dt.15-05-2026
                                                          3/3




                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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