Patna High Court
Godhan Kumar @ Godhan MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to specified conditions and verification of their criminal antecedents.
Summary
The petitioners, Godhan Kumar and Vicky Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the alleged liquor recovery was not from their possession and that the investigation was mechanically driven. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a Rs.5,000 bail bond per petitioner, two sureties, and a condition that the trial court verify their criminal antecedents within six weeks. If more than one prior case is found, the bail would be presumed concealed and not confirmed; if only one prior case, the bail would be confirmed. The petitioners were also directed to deposit Rs.2,500 with the High Court Legal Aid. The order was made under Section 482(2) of the Bihar Negotiable/State Statutes.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in the case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed under Section 482(2) are appropriate for confirming or revoking the provisional bail.
Subjects
- anticipatory bail
- excise offence
- Section 30
- Section 482
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5858 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- MEHANDIGANJ District- Patna
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1. Godhan Kumar @ Godhan Mahto S/o Late Om Mahto Resident Of Village-
Ranipur Nimtal, Ps- Mehandiganj, Dist - Patna
2. Vicky Kumar @ Vicky Yadav S/o Satyanarayan Yadav Resident Of Village-
Ranipur Nimtal, Ps- Mehandiganj, Dist - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Prasad Singh
For the Opposite Party/s : Mr. Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case under the Excise Act and
allegation is of recovery of 60 litres of liquor from a sack. It is
next submitted that petitioners were not arrested from the spot
as such nothing was recovered from their conscious possession
and even alleged recovery is from a place which does not
belong to the petitioner and is accessible to villagers at large and
Patna High Court CR. MISC. No.5858 of 2026(2) dt.03-02-2026
2/3
they came to be implicated at the instance of local person but
then it is submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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
Mehandiganj P.S. Case No.228/2025, subject to the conditions
as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
more than one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
Patna High Court CR. MISC. No.5858 of 2026(2) dt.03-02-2026
3/3
such, the provisional anticipatory bail order shall not be
confirmed with but if after verification it is found that
petitioners have antecedent of one case, in that event the
provisional anticipatory bail order shall be confirmed forthwith.
7. At this stage, the learned counsel for the petitioners,
based on instruction, undertakes to deposit an amount of
Rs.2500/- with Patna High Court Legal Aid, within a period of
two weeks from today.
(Satyavrat Verma, J)
amit/-
U T
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