Patna High Court

Mukesh Mahato @ Mukesh Kumar MahtoversusThe State of Bihar

Decided: 19 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted anticipatory bail to the petitioner, subject to conditions and verification of his antecedents.

Summary

The petitioner, Mukesh Mahato, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 45 litres of liquor from a motorcycle. He asserted a clean criminal record and argued that the seized liquor was not in his conscious possession and that he was not the owner of the motorcycle. The prosecution opposed the bail. The court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of his antecedents. The court clarified that if any prior case is discovered, the bail would be revoked; otherwise, the provisional bail would be confirmed.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case under Section 30(a) of the Excise Act
Whether the petitioner’s clean antecedent and lack of conscious possession justify granting bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Excise Act — s. 30(a)

Subjects

anticipatory bail
Section 438 CrPC
Excise Act
clean antecedent
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6821 of 2026
                        Arising Out of PS. Case No.-419 Year-2025 Thana- SISWAN District- Siwan
                 ======================================================
                 Mukesh Mahato @ Mukesh Kumar Mahto S/O Shri Ram Mahato R/O
                 Village- Husena Bangra, P.S- M.H. Nagar, District- Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chetna
                 For the Opposite Party/s :       Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 45 litres of liquor from a motorcycle.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized motorcycle and he came to be implicated at the

                   instance of local person, but the name of the person, who

                   disclosed the name of the petitioner is not disclosed in the F.I.R.,
Patna High Court CR. MISC. No.6821 of 2026(2) dt.19-02-2026
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          which casts an aspersion on the case of the prosecution, when

          admittedly petitioner is a person with clean antecedent.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum of Rs.500/- (Rupees Five Hundred) 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

          Siswan P. S. Case No.419 of 2025, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed his antecedent before this Court,

          in that event, the present provisional anticipatory bail order shall
               Patna High Court CR. MISC. No.6821 of 2026(2) dt.19-02-2026
                                                           3/3




                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T

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