Patna High Court
Vijay MahatoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to a bail bond and verification of the accused’s criminal antecedent, with confirmation contingent on the number of prior cases.
Summary
Vijay Mahato was implicated in a case under the Bihar Prohibition and Excise Act for alleged recovery of 849.54 litres of liquor and a motorcycle, with six prior excise cases among a total of seven criminal antecedents. He was not arrested at the scene and the prosecution’s case relied on a confessional statement made by Uttam Kumar while in police custody, which the petitioner argued lacked evidentiary value. The petitioner sought anticipatory bail under Section 438(2) of the Criminal Procedure Code, while the State opposed the relief. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.35,000 with two sureties and appear before the trial court within six weeks. The order further directed that the trial court verify the petitioner’s criminal antecedent; if more than seven prior cases are found, the bail would not be confirmed, otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted when the primary evidence is a confessional statement made in police custody and the accused was not arrested at the spot.
- Whether the petitioner’s prior criminal antecedent of more than seven cases bars confirmation of anticipatory bail.
- Whether the conditions prescribed under Section 438(2) of the Criminal Procedure Code are satisfied in the present case.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- confessional statement
- criminal antecedent
- Section 438 CrPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60621 of 2025
Arising Out of PS. Case No.-206 Year-2018 Thana- BETTIAH CITY District- West
Champaran
======================================================
Vijay Mahato S/o Dhruv Mahto R/o Villo Uttarwari Pokhara Pucci Fulwari,
P.S.- Kalibagh, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 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 offences punishable under Sections 30(a), 35,
38 and 56 of the Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of seven cases out of which six cases
are under the Excise Act and allegation is of recovery of 849.54
litres of liquor from two different places along with a
motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner is not the owner of the seized vehicle and came to
Patna High Court CR. MISC. No.60621 of 2025(3) dt.06-01-2026
2/3
be implicated based on the confessional statement of Uttam
Kumar in police custody which does not have any evidentiary
value in the eye of law. It is next submitted that once an accused
is implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, secret information or confessional
statement without holding a proper investigation of the case.
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, let 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.35,000/- (Rupees Thirty-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
Bettiah (Town) P.S. Case No. 206 of 2018, subject to the
conditions as laid down under Section 438 (2) of the Cr.P.C.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than seven
Patna High Court CR. MISC. No.60621 of 2025(3) dt.06-01-2026
3/3
cases, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only seven cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.