Patna High Court
Prakash Mahto @ Pragash MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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