Patna High Court
Santosh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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