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Patna High Court

Sikinder MahtoversusThe state of bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.56732 of 2025(3) dt.05-01-2026
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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
             Patna High Court CR. MISC. No.56732 of 2025(3) dt.05-01-2026
                                                         3/3




                       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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