Created by Fuzzy Cloud

Patna High Court

Santosh MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s criminal antecedent.

Summary

Santosh Mahto applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging recovery of 55 litres of liquor from a location adjacent to his house. He argued that he was not caught in possession and that the investigation was mechanically driven without proper inquiry. The State opposed the bail. The Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a condition that the trial court verify his criminal antecedent. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed. The petitioner also undertook to deposit Rs.2,500 with the Patna High Court Advocate Association.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the Cr.P.C. to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the petitioner’s alleged lack of possession and the manner of investigation justify bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Prohibition and Excise Act
  • Section 438 CrPC
  • Section 482 BNSS
  • criminal antecedent
  • liquor seizure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3363 of 2026
                     Arising Out of PS. Case No.-203 Year-2025 Thana- PANDAUL District- Madhubani
                 ======================================================
                 Santosh Mahto S/O Kari Mahto Resident of Village- Gangauli, Police Station-
                 Pandaul, District- Madhubani.
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md Soban Asghar, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 55 litres of liquor from a place near

                   the house of Chandan Mahto and Santosh Mahto (petitioner).

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   but then is adjacent to his house. It is further submitted that

                   petitioner came to be implicated at the instance of the
Patna High Court CR. MISC. No.3363 of 2026(2) dt.30-01-2026
                                            2/3




          Chawkidar but then it is submitted that once an accused is

          implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       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, let 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 Pandaul

          P.S. Case No. 203 of 2025, subject to the conditions as laid

          down under Section 438(2) of the Cr.P.C./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 if

          it is found that petitioner has antecedent of more than two cases,

          it would be presumed that petitioner had concealed his

          antecedent before this Court at para 3 of the anticipatory bail
           Patna High Court CR. MISC. No.3363 of 2026(2) dt.30-01-2026
                                                       3/3




                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only two cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.

                                  8. At this stage, learned counsel for the petitioner

                     based on instruction submits that petitioner undertakes to

                     deposit an amount of Rs.2,500/- with the Advocate Association

                     of the Patna High Court within a period of two weeks from

                     today.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.