Patna High Court
Sikandar MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bail bond, sureties and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Sikandar Mahto, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that no liquor was recovered from his possession and that the prosecution’s case relied solely on a confessional statement made by another person in police custody. He contended that the investigation was mechanically conducted without proper evidence. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of his criminal antecedents by the trial court. The order stipulated that if more than one prior case is found, the bail would not be confirmed; if only one antecedent is found, the bail would be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 where the alleged recovery was not from the accused's possession and the evidence is a confessional statement made in police custody.
- Whether the petitioner’s prior criminal antecedents affect the grant and confirmation of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- provisional bail
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3586 of 2026
Arising Out of PS. Case No.-821 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Sikandar Mahto S/o Achhelal Mahto R/o Village- Tehti Bin Toli, Police
Station- Marhowrah, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 40 litres of liquor from a bag and 30
litres of liquor from a sack from Tehti Bin Toli. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and even
alleged recovery is from a place which does not belong to the
petitioner but then is accessible to villagers at large and he came
to be implicated based on confessional statement of Jay Kumar
Patna High Court CR. MISC. No.3586 of 2026(2) dt.29-01-2026
2/3
in police custody, which does not have any evidentiary value. It
is also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned 02 nd
Exclusive Special Excise Judge, Saran at Chapra in connection
with Marhowrah P.S. Case No.821 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.3586 of 2026(2) dt.29-01-2026
3/3
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, 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.2500/- with Lawyers’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…