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Patna High Court

Ajay Mahto @ Ajay DhangadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedents.

Summary

The petitioner, Ajay Mahto, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 20 litres of liquor recovered from a joint family house. He argued that the liquor was not in his conscious possession, the house being jointly owned, and that the case against him relied solely on a confessional statement of an unrelated person, Ashok, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the bail will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged possession is not proven and the prosecution relies on a confessional statement of an unrelated accused.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • excise law
  • confessional statement
  • joint family property
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40012 of 2026
                 Arising Out of PS. Case No.-175 Year-2026 Thana- MAJHAULIA District- West Champaran
                 ======================================================
                 Ajay Mahto @ Ajay Dhangad S/o Late Mahendra Dhangad R/o Vill-
                 Dhokrahan Dhangad Toli, ward no. 5, PS- Majhuliya, Distt- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gyan Prakash
                 For the Opposite Party/s :      Mr. Ramesh Chandra
                 ======================================================
                 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 Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 20 litres of liquor from house of

                   petitioner. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and the house in question is a joint family property

                   as such it cannot be alleged with certainty that it was petitioner,

                   who had kept the liquor in the house or the liquor kept in the

                   house was within his knowledge and after amendment in the
Patna High Court CR. MISC. No.40012 of 2026(2) dt.23-06-2026
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          Excise Act in the year 2018, the concept of deemed possession

          and presumed offender has been done away with and he came to

          be implicated based on confessional statement of Ashok in

          police custody which does not have any evidentiary value. It is

          also submitted that petitioner is not related to Ashok in any

          manner.

                       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.5000/- (Rupees five 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 Majhauliya P.S. Case No.175/2026, 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

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.40012 of 2026(2) dt.23-06-2026
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                       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 one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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