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Patna High Court

Prakash Mahto @ Pragash MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioners subject to specified conditions and verification of their criminal antecedents.

Summary

The petitioners Prakash Mahto and Harindra Mahto applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 81,600 litres of liquor from three motorcycles. They argued they were not caught in possession, were not owners of the seized motorcycles, and were implicated solely on a confessional statement made by an accused in police custody, which they claimed lacks evidentiary value. The State opposed the bail. The Court granted provisional anticipatory bail subject to a bail bond of Rs 30,000 each with two sureties, a deposit of Rs 10,000 with the Advocates’ Association, and a condition that the trial court verify their criminal antecedents within six weeks, revoking bail if antecedents exceed the prescribed limits. The order was made under Section 482(2) of the Criminal Procedure Code and is conditional on verification of antecedents.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the confessional statement of an accused in police custody can form the sole basis for implicating the petitioners.
  • Whether the petitioners' criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • confessional statement
  • criminal antecedent
  • Section 30
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5965 of 2026
                     Arising Out of PS. Case No.-159 Year-2025 Thana- SONBERSA District- Sitamarhi
                 ======================================================
           1.     Prakash Mahto @ Pragash Mahto Son of Molhai Mahto Resident of Village-
                  Chandpura, Ward No.4, P.S.- Bathnaha, District- Sitamarhi
           2.    Harindra Mahto Son of Thaga Mahto Resident of Village- Chandpura, Ward
                 No.4, P.S.- Bathnaha, District- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Virendra Kumar
                 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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of six cases out of which three

                   cases are under the Excise Act and petitioner no. 2 has

                   antecedent of three cases under the Excise Act and allegation is

                   of recovery of 81.600 litres of liquor from three different

                   motorcycles.

                             4.    Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.5965 of 2026(2) dt.03-02-2026
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          petitioners were not arrested from the spot as such nothing was

          recovered from their conscious possession and are not owners of

          any of the seized motorcycles and they came to be implicated

          based on confessional statement of apprehended-accused in

          police custody which does not have any evidentiary value. It is

          further 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 earlier also petitioners in

          similar manner came to be implicated.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     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 trial court

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of Rs.

          30,000/- (Rupees Thirty 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

          Sonbarsa P.S. Case No. 159 of 2025, subject to the conditions as
              Patna High Court CR. MISC. No.5965 of 2026(2) dt.03-02-2026
                                                          3/3




                        laid down under Section Section 482(2) of the BNSS.

                                 7.     It is made clear that thereafter the learned Trial Court

                        shall verify the criminal antecedent of the petitioners and in the

                        event if it is found that petitioner no. 1 has antecedent of more

                        than six cases and petitioner no. 2 has antecedent of more than

                        three cases then it would be presumed that petitioners, for the

                        purposes of seeking anticipatory bail, had concealed their

                        antecedent before this Court, as such, the provisional anticipatory

                        bail order shall not be confirmed with respect to that petitioner

                        who had concealed his criminal antecedent before this Court, but

                        after verification if it is found that petitioner no. 1 has antecedent

                        of six cases and petitioner no. 2 has antecedent of three cases in

                        that event the provisional anticipatory bail order shall be

                        confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioners

                        based on instruction submits that petitioners undertake 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)
Sumit/-

U         T


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