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Patna High Court

Chhote Mahto @ Dharmendra MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Chhote Mahto, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 432 litres of liquor from the Bagmati River. He argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery occurred in a public area, suggesting he was implicated by a watchman. The State opposed the bail, citing his antecedent of four criminal cases, two of which are under the Excise Act. The Court granted provisional anticipatory bail, directing the petitioner to furnish a bail bond of Rs.20,000 with two sureties and to deposit Rs.5,000 with the Advocates’ Association, subject to verification of his criminal antecedent. The order stipulated that if verification reveals more than four prior cases, the bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the nature of the offence under the Excise Act and his criminal antecedent.
  • Whether the absence of arrest and lack of possession of the alleged liquor affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5257 of 2026
                        Arising Out of PS. Case No.-319 Year-2025 Thana- SUPPI District- Sitamarhi
                 ======================================================
                 Chhote Mahto @ Dharmendra Mahto S/O Baidhnath Mahato @ Vaidhnath
                 Mahto R/O village- Akhta @ Akhta Got ward no. -2, P.S. - Suppi, Dist. -
                 Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Santosh Kumar
                 For the Opposite Party/s :        Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of four cases out of which two

                   cases are under the Excise Act and allegation is of recovery of

                   432 litres of liquor from bank of river Bagmati.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.5257 of 2026(2) dt.30-01-2026
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          and is accessible to public at large and he came to be implicated

          at the instance of Chaukidar, but then, it is submitted that police

          in majority of cases implicating innocent persons either at the

          behest of Chaukidar, local person, secret information and

          confessional statement in a mechanical manner without holding

          a proper investigation.

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

          application.

                       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 Court below

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

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.20,000/- (Rupees Twenty 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 Suppi P. S. Case No.319 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

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

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.5257 of 2026(2) dt.30-01-2026
                                                           3/3




                         found that petitioner has antecedent of more than four cases,

                         then it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of four cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.5,000/- with

                         Advocates’ Association, Patna High Court, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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