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Patna High Court

Munni MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond and verification of antecedents, with the possibility of withdrawal if antecedents are misrepresented.

Summary

The petitioners, Munni Mahto and Muneshwar Mahto, applied for anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 10.20 litres of liquor from an egg shop. They contended that the liquor was not found in their possession, the FIR did not disclose the informant’s name, and the police investigation was mechanical, asserting that petitioner‑1 has a clean antecedent while petitioner‑2 has three prior cases. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on furnishing a bail bond of Rs 15,000 with two sureties and directed the trial court to verify the petitioners’ criminal antecedents. It further held that if verification shows any discrepancy in the stated antecedents, the bail may be withdrawn. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016
  • Whether the absence of the informant’s name in the FIR and lack of possession of the alleged liquor affect the grant of bail
  • Whether the petitioners’ criminal antecedents justify the imposition of conditions on anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • criminal antecedent
  • FIR
  • police investigation
  • Section 482
  • B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36883 of 2026
                    Arising Out of PS. Case No.-133 Year-2026 Thana- DHAKA District- East Champaran
                 ======================================================
           1.     Munni Mahto Son of Kapildev Mahto Resident of Village- Chainpur Dhaka,
                  P.S.- Dhaka, District- East Champaran, State- Bihar.
           2.    Muneshwar Mahto Son of Kapildev Mahto Resident of Village- Chainpur
                 Dhaka, P.S.- Dhaka, District- East Champaran, State- Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aman Kumar, Adv.
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-06-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State Mr. Chandra Bhushan Prasad.

                                2. The petitioners apprehend their 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 petitioners submits that

                   petitioner no.1 is a person with clean antecedent and petitioner

                   no.2 has antecedent of three cases and allegation is of recovery

                   of 10.20 litres of liquor from an egg shop. It is next submitted

                   that petitioners were not arrested from the spot as such nothing

                   was recovered from their conscious possession and even alleged

                   recovery is from a place which does not belong to the
Patna High Court CR. MISC. No.36883 of 2026(2) dt.16-06-2026
                                            2/3




          petitioners and they came to be implicated at the instance of

          local person but then the name of the person who disclosed the

          name of the petitioner is not disclosed in the FIR which casts an

          aspersion on the case of the prosecution. It is also submitted that

          police in mechanical manner investigates and implicates.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.15,000/- (Rupees fifteen thousand)

          each 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 Dhaka P.S. Case No.133 of 2026,

          subject to the conditions as laid down under Section 482(2) of

          the B.N.S.S.

                       6. It is made clear that thereafter the learned trial court

          thereafter shall verify the criminal antecedents of the petitioners

          and in the event if it is found that petitioner no.1 has antecedent

          even one case and petitioner no.2 has antecedent of more than

          three cases, in that event, it would be presumed that petitioners
             Patna High Court CR. MISC. No.36883 of 2026(2) dt.16-06-2026
                                                         3/3




                       had concealed their antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed with

                       respect to those petitioners whose criminal antecedent does not

                       tally but if after verification the criminal antecedent as recorded

                       hereinabove tallies with the petitioners in that event the

                       provisional anticipatory bail order shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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