Patna High Court
Shiv Mahto @ Shiv KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond and verification of antecedents, with confirmation contingent on the number of prior cases.
Summary
Shiv Mahto sought anticipatory bail after learning that he might be arrested in a case under the Bihar Prohibition and Excise Amendment Act, 2018, alleging possession of liquor and empty bottles near his house. He argued that no liquor was recovered from his direct possession, the FIR omitted the informant’s name, and the investigation relied on secret information. The State opposed the bail. The court, after considering the petitioner's submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify his criminal antecedents. If the trial court finds more than three prior cases, the bail will not be confirmed; if exactly three, it will be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted in the excise case given the alleged lack of direct possession and the nature of the investigation
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a), 32(3), 33, 34, 36
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Amendment Act
- criminal antecedents
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40008 of 2026
Arising Out of PS. Case No.-177 Year-2026 Thana- Excise P.S. District- Rohtas
======================================================
Shiv Mahto @ Shiv Kumar S/o Umesh Mahto @ Umesh Singh R/o Vill-
Ramdas Bigha, P.S.- Dehri (M), Distt- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh
For the Opposite Party/s : Mr. Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-06-2026 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 32(3), 33,
34, 36 and 30(a) of Bihar Prohibition and Excise Amendment
Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases, out of which one case is
under the Excise Act and allegation is of recovery of 35 litres of
liquor from a semi constructed house near the house of
petitioner along with 40 pieces of empty liquor bottles. 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
Patna High Court CR. MISC. No.40008 of 2026(2) dt.23-06-2026
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the petitioner but then is adjacent to his house and he 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, when petitioner has not been implicated based on
secret information. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
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 Sasaram Excise P.S. Case No.177/2026,
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
Patna High Court CR. MISC. No.40008 of 2026(2) dt.23-06-2026
3/3
6. It is made clear that the learned trial court thereafter
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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