Patna High Court
Pintu Mahto @ Pintu Prasad @ Pintu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to verification of his antecedents and compliance with the conditions prescribed under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Pintu Mahto, feared arrest in a case registered under Sections 30(a) and 56(B) of the Bihar Prohibition and Excise Act for the alleged recovery of 1,425.6 litres of liquor from a truck. He argued that he was not arrested at the spot, had no conscious possession of the liquor, and was not the owner of the seized vehicle, contending that the complaint was filed without his knowledge. He sought anticipatory bail, asserting that if granted he would cooperate with the investigation, whereas the State opposed the relief. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.15,000 with two sureties and that the trial court verify his criminal antecedents. The order is subject to Section 482(2) of the B.N.S.S., and the bail will be confirmed only if the petitioner is found to have three or fewer prior cases; otherwise it will not be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the case
- Whether the petitioner satisfies the criteria under Section 482(2) of the B.N.S.S. for provisional anticipatory bail
- Whether the petitioner’s criminal antecedents affect the confirmation of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 56(B)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36926 of 2026
Arising Out of PS. Case No.-550 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Pintu Mahto @ Pintu Prasad @ Pintu Kumar Son of Surendra Mahto Resident
of Village- Manma, P.S.- Hisua, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar
For the Opposite Party/s : Mr. Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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 Sections 30(a),
56(B) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 1425.6 litres of liquor from a truck.
It is next submitted that 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 based on the official complaint filed by the official. It
is further submitted that petitioner was even not aware that a
Patna High Court CR. MISC. No.36926 of 2026(2) dt.29-06-2026
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complaint case has been filed implicating him in the present
case. It is further submitted that cognizance was taken on
20.11.2025, thereafter summons were issued as such petitioner
apprehends arrest as in cases relating to liquor anticipatory bail
is not maintainable hence if petitioner will appear before the
learned trial court, he will be sent to judicial custody without
appreciating the facts of the case in its correct perspective. It is
also submitted that if privilege of anticipatory bail is granted,
the petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his 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)
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 G.O. Case No.550/2021, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
Patna High Court CR. MISC. No.36926 of 2026(2) dt.29-06-2026
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shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
three cases, in that event, it would be presumed that petitioner
had concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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