Patna High Court
Sikinder MahtoversusThe state of bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bond, sureties, and verification of criminal antecedents.
Summary
The petitioner, Sikinder Mahto, sought anticipatory bail fearing arrest in a case alleging recovery of 50 litres of liquor from his meat shop, alleged to violate Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He argued that the liquor was not found in his possession, the shop was open to the public, and the police had not conducted a proper investigation. The State opposed the bail. The court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 and two sureties, and directed the trial court to verify the petitioner’s criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one prior case, it would be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged
- Whether the alleged recovery of liquor from the petitioner’s meat shop constitutes an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the petitioner’s criminal antecedents affect the confirmation of anticipatory bail
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a)
- liquor prohibition
- criminal antecedent
- bail conditions
- Punjab
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56732 of 2025
Arising Out of PS. Case No.-264 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Sikinder Mahto S/o Late Hari narayan Mahto R/o Vill . - Pakridayal, P.S. -
Pakridayal, Dist. - East Champaran
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar
For the Opposite Party/s : Mr. Pronoti Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 05-01-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 50 litres of liquor from Meat Shop of the petitioner.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from his conscious possession. It
is also submitted that though it is alleged that liquor was
recovered from the meat shop but then the shop is an open shop
where public comes for purchasing meat. It is next submitted
that no prudent person would use his own premise for
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committing an occurrence and thus would create evidence
against himself and hence would get implicated. It is also
submitted that it appears that some buyers who had come to
purchase meat might have kept the liquor near the open shop of
the petitioner and the police in a mechanical manner without
holding a proper investigation implicated.
4. Learned A.P.P. for the State opposes the prayer for
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 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.5000/- (Rupees five 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
Pakaridayal P.S. Case No.264/2025, 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 more than
one case, in that event, it would be presumed that petitioner had
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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 has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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