Patna High Court
Santosh Mehta @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bonds, a deposit, and verification of antecedents, with confirmation contingent on the findings of that verification.
Summary
Santosh Mehta and Hariom Mehta applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that liquor was recovered from motorcycles not owned by them and that they were implicated solely on the basis of a chowkidar's information. The petitioners have prior excise cases—two for the first petitioner and one for the second. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail on the condition that the petitioners furnish bail bonds of Rs.10,000 each with two sureties, deposit Rs.5,000 with the Advocates’ Association, and submit to verification of their criminal antecedents. The order stipulated that if verification shows more antecedents than disclosed, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in an excise offence under Section 30(a) of the Bihar Prohibition and Excise Act when the accused have prior criminal antecedents and no direct possession of the seized liquor.
- Whether the conditions imposed by the court, including verification of antecedents, are valid under Section 482(2) of the Code of Criminal Procedure.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedents
- Section 482(2) CrPC
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6652 of 2026
Arising Out of PS. Case No.-241 Year-2025 Thana- BHAPTIAHI District- Supaul
======================================================
1. Santosh Mehta @ Santosh Kumar Bachcha Lal Mehta R/o Village -
Bhaptiyahi, P.S. - Bhaptiyahi, Dist. - Supaul.
2. Hariom Mehta @ Hariom Kumar Son of Ramchandra Mehta R/o Village -
Bhaptiyahi, P.S. - Bhaptiyahi, Dist. - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. 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
petitioner no.1 has antecedents of two cases under the Excise
Act and petitioner no.2 has antecedent of one case under the
Excise Act and allegation is of recovery of 378 litres of liquor
from three different motorcycles. It is next submitted that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and are not the owner
Patna High Court CR. MISC. No.6652 of 2026(2) dt.04-02-2026
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of any of the seized vehicles and they came to be implicated at
the instance of Chowkidar but then it is 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
P.O. Exclusive Special, Excise Court-I, Supaul in connection
with S.T. Excise No.1252/2025, arising out of Bhaptiyahi P.S.
Case No.241 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioners shall verify
Patna High Court CR. MISC. No.6652 of 2026(2) dt.04-02-2026
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the criminal antecedent of the petitioners and in the event, if it is
found that petitioner no.1 has antecedents of more than two
cases and petitioner no.2 has antecedent of more than one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
verification, it is found that petitioner no.1 has antecedents of
only two cases and petitioner no.2 has antecedent of only one
case, in that event, the provisional anticipatory bail order shall
be confirmed forthwith.
8. At this stage, learned counsel for the petitioners,
based on instruction, submits that petitioners undertake to
deposit an amount of Rs.5,000/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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