Patna High Court
Chhote Mahto @ Dharmendra MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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
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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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