Patna High Court
Bindeshwar Mahto @ BinoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Bindeshwar Mahto, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 922 litres of liquor recovered from his house, which he claims is joint family property and not under his conscious possession. He argued that the concept of deemed possession was abolished after the 2018 amendment and that he has a clean antecedent. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties, a deposit of Rs. 2,500 with the Advocates’ Association, and a verification of the petitioner’s criminal antecedent. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Excise Act
- Whether the concept of deemed possession applies post the 2018 amendment of the Bihar Excise Act
- Whether the petitioner can be presumed to be the offender in the absence of conscious possession
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- joint family property
- clean antecedent
- bail conditions
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5070 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- BITHAN District- Samastipur
======================================================
Bindeshwar Mahto @ Bino S/o- Late Dev Narayan Mahto R/v- Pusaho Ps-
Bithan Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushotam Sharma, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 922 liters of liquor from house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.5070 of 2026(2) dt.02-02-2026
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knowledge and after amendment in the excise act in the year
2018, the concept of deemed possession and presumed offender
has been done away with. It is next submitted that petitioner
came to be implicated based on secret information which is the
easiest way to implicate someone without holding a proper
investigation, when petitioner admittedly is a person with clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 Trial Court
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 Bithan
P.S. Case No. 124 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
Patna High Court CR. MISC. No.5070 of 2026(2) dt.02-02-2026
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one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if 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, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court within a
period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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