Patna High Court
Chhotu Mahto @ Chathu Mahto @ Chhotu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be provisionally granted where the petitioner lacks possession of the alleged contraband and the case rests on a custodial confessional statement, subject to verification of antecedents under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Chhotu Mahto, sought anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that liquor was recovered from another person and from a gallon allegedly thrown by him. He argued that he was not arrested at the scene, had no liquor in his conscious possession, and that the case was based solely on a confessional statement made by Manan Mahto while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties and subject to verification of the petitioner’s criminal antecedents under Section 482(2) of the B.N.S.S. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted when the primary evidence is a confessional statement made in police custody and the petitioner has no possession of the alleged contraband.
- Whether the petitioner’s clean antecedent status warrants provisional bail pending verification.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- confessional statement
- clean antecedent
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43266 of 2026
Arising Out of PS. Case No.-144 Year-2026 Thana- RASULPUR District- Saran
======================================================
Chhotu Mahto @ Chathu Mahto @ Chhotu Kumar Son of Ramashankar
Mahto Resident of Village- Rasulpur, P.S.- Rasulpur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Vilochan Tiwary
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 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, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 7.6 litres of liquor from possession of Manan Mahto
and 4.2 litres of liquor from a gallon allegedly thrown by the
petitioner. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and petitioner has no concern or relation with Manan
Mahto and he came to be implicated based on confessional
statement of Manan Mahto in police custody which does not
have any evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.43266 of 2026(2) dt.02-07-2026
2/2
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.500/- (Rupees five hundred) 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 Rasulpur P.S. Case No.144/2026, 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 even one
case, 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 is a person with clean
antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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