Patna High Court
Lal Babu Mahto @ Lal Babu Kumar @ Lalbabu MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Lal Babu Mahto, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(i)(ii) of the Bihar Excise Act for alleged recovery of 1,010.88 litres of liquor from a pickup vehicle. He contended that he was not the owner of the vehicle, no liquor was found in his possession, and the only basis for his implication was a confessional statement made by another person, Ram Ratna Kumar, while in police custody, which he argued lacked evidentiary value. The petitioner also disclosed three prior excise cases, arguing that the police had mechanically implicated him without proper investigation. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedent, stating that if more than three prior cases are found, the bail would not be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence is under the Bihar Excise Act and the petitioner is not in possession of the seized liquor.
- Whether a confessional statement made in police custody, lacking corroboration, can form the sole basis for implicating the petitioner.
- Whether the petitioner’s prior three excise cases affect the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 41(i)(ii)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- excise offences
- confessional statement
- police investigation
- criminal antecedent
- Bihar Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38904 of 2026
Arising Out of PS. Case No.-59 Year-2026 Thana- CHERIYA BARIYARPUR District-
Begusarai
======================================================
Lal Babu Mahto @ Lal Babu Kumar @ Lalbabu Mahto S/O Baidyanath
Mahto Resident of Vill.- Gopalpur, P.S- Cheriyabariyarpur, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 offences punishable under Section 30(a) and
41(i)(ii) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act and
allegation is of recovery of 1010.88 litres of liquor from a
pickup vehicle.
4. Learned counsel for the petitioner submits that the
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
Patna High Court CR. MISC. No.38904 of 2026(2) dt.18-06-2026
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confessional statement of Ram Ratna Kumar in police custody
which does not have any evidentiary value. It is further
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.
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, 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. 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 Cheriyabariyarpur P.S.
Case No. 59 of 2026, subject to the conditions as laid down under
Section 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 in the
event if it is found that petitioner has antecedent of more than
three cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his antecedent
Patna High Court CR. MISC. No.38904 of 2026(2) dt.18-06-2026
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before this Court, as such, the provisional anticipatory bail order
shall not be confirmed, but after verification if 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)
Sumit/-
U T
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