Patna High Court
Lalbabu Mahto @ Lal Babu MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to a bail bond, sureties, verification of antecedent and other conditions.
Summary
Lalbabu Mahto was implicated in a case under Sections 30(a), 41(1) and 41(2) of the Bihar Excise Act for allegedly recovering 2,205 litres of liquor from a truck. He has fifteen prior excise cases and claims he was not caught in possession nor is he the owner of the seized vehicle, asserting that the investigation relied on secret information. He applied for anticipatory bail, arguing that the police had not conducted a proper investigation. The High Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.75,000 with two sureties and a verification of his criminal antecedent. The order further stipulates that if the verification shows more than fifteen prior cases, the bail will not be confirmed; if exactly fifteen, the bail will be confirmed, and the petitioner must deposit Rs.10,000 with the Advocates’ Association.
Issues considered
- Whether anticipatory bail can be granted in offences punishable under Sections 30(a), 41(1) and 41(2) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of fifteen cases precludes the grant of anticipatory bail.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for provisional anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise offences
- bail conditions
- criminal antecedent
- Bihar Excise Act
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5721 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- TAJPUR District- Samastipur
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Lalbabu Mahto @ Lal Babu Mahto Son of Yogendra Mahto R/O Vill.-
Manpura, P.S.- Bangra, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anish Kumar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 Sections 30(a) and
41(1) and 41(2) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of fifteen cases under the excise act
and allegation is of recovery of 2205 liters of liquor from a
truck.
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 is not the
owner of the seized truck and he came to be implicated based on
secret information which is the easiest way to implicate
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someone. It is also submitted that once an accused is implicated
in a case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation. It is also submitted that petitioner earlier in
similar manner came to be implicated.
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.
75,000/- (Rupees Seventy 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 Tajpur P.S. Case No. 223 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 more
than fifteen cases then it would be presumed that petitioner, for
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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 has antecedent of fifteen
cases only, 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.
10,000/- with Advocates’ Association, Patna High Court within
a period of two weeks from today.
(Satyavrat Verma, J)
Rishabh/-
U T
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