Patna High Court
Bhim MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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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