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Patna High Court

Shambhu MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of his antecedent and compliance with the conditions of Section 482(2) of the CrPC.

Summary

The petitioner, Shambhu Mahto, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 647.82 litres of liquor from a tractor. He argued that he had a clean antecedent, was not in possession of the seized liquor, and was implicated only by a chowkidar whose prior knowledge was questionable. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent under Section 482(2) of the CrPC. The court clarified that if any antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail.
  • Whether the conditions prescribed under Section 482(2) of the CrPC are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • Section 482(2)
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4148 of 2026
                    Arising Out of PS. Case No.-410 Year-2025 Thana- MINAPUR District- Muzaffarpur
                 ======================================================
                 Shambhu Mahto Son of Janardan Mahto @ Janadhan Mahato Resident Of
                 Village- Madhubani Ps -Meenapur District -Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raju Kumar, Advocate
                 For the Opposite Party/s :       Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. 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 is a person with clean antecedent and allegation is of

                   recovery of 647.82 litres of liquor from a tractor. 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 tractor and he came to be implicated at

                   the instance of Chowkidar but then it is submitted that if

                   Chowkidar was aware of the involvement of the petitioner in the

                   occurrence then why he did not inform the police prior to
Patna High Court CR. MISC. No.4148 of 2026(2) dt.29-01-2026
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          institution of the instant FIR, which casts an aspersion on the

          case of the prosecution, when petitioner admittedly is a person

          with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Court No.-1, Muzaffarpur in connection with Minapur

          P.S. Case No.410 of 2025, subject to the conditions laid down

          under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,
               Patna High Court CR. MISC. No.4148 of 2026(2) dt.29-01-2026
                                                           3/3




                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.1500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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