Patna High Court
Pavan Mahto @ Pawan MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to strict conditions and verification of the petitioners' criminal antecedents.
Summary
Petitioners Pavan Mahto and Jitendra Mahto, accused under Sections 274, 275 BNS and 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged possession of liquor and Mahua, sought anticipatory bail fearing arrest. They contended that no arrest or seizure occurred at the spot, that the alleged contraband was recovered from a public area, and that they were implicated mechanically by local informants despite prior excise cases (three and five respectively). The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 each with two sureties, verification of their criminal antecedents, and a deposit of Rs.5,000 with the Advocates’ Association, with confirmation of bail if antecedents did not exceed the stated limits.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite their prior excise cases and alleged involvement in the recovery of liquor and Mahua.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 274, 275 BNS, 30(a)
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Prohibition and Excise Act
- criminal antecedents
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4776 of 2026
Arising Out of PS. Case No.-482 Year-2025 Thana- KESARIA District- East Champaran
======================================================
1. Pavan Mahto @ Pawan Mahto S/o Jitendra Mahto R/o Village - Sagar
Churaman, P.S - Kesariya, District - East Champaran
2. Jitendra Mahto S/o Varan Mahto R/o Village - Sagar Churaman, P.S -
Kesariya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Gauri Shankar Gupta
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 274, 275
BNS & Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedent of three cases under the Excise
Act and petitioner no.2 has antecedent of five cases under the
Excise Act and allegation is of recovery of 190 litres of liquor
from a chawar along with 700 litres of Mahua paas which was
destroyed at the spot. It is next submitted that petitioners were
not arrested from the spot as such nothing was recovered from
Patna High Court CR. MISC. No.4776 of 2026(2) dt.31-01-2026
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their conscious possession and even alleged recovery is from a
place which does not belong to the petitioners and is accessible
to villagers at large and they came to be implicated at the
instance of local person and chowkidar but then it is 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 petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.25,000/- (Rupees twenty five thousand) each 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 Kesariya P.S. Case No.482/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
Patna High Court CR. MISC. No.4776 of 2026(2) dt.31-01-2026
3/3
and in the event if it is found that petitioner no.1 has antecedent
of more than three cases and petitioner no.2 has antecedent of
more than five cases, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that petitioner
no.1 has antecedent of three cases and petitioner no.2 has
antecedent of five cases, in that event, the provisional
anticipatory bail order shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioners
based on instruction submits that petitioners undertake to
deposit an amount of Rs.5000/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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