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Patna High Court

Sanoj MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Sanoj Mahto, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act read with Sections 30(a) and 41 of the Bihar Excise Act for alleged possession of liquor recovered from his house and that of another person. He argued that he has a clean antecedent, that the liquor was not found in his conscious possession, and that the house is a joint family property, making it uncertain whether he had knowledge of the liquor. The State opposed the bail, contending that the allegations warrant arrest. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if any prior case is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged possession of liquor under the Bihar Narcotic Substances and Excise Acts.
  • Whether the absence of conscious possession and the joint family nature of the property negate the grounds for arrest.
  • Whether the petitioner’s clean antecedent warrants the grant of bail pending verification.

Legislation cited

Subjects

  • anticipatory bail
  • liquor possession
  • Bihar Excise Act
  • Bihar Narcotic Substances Act
  • joint family property
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7008 of 2026
                  Arising Out of PS. Case No.-402 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Sanoj Mahto S/o Bhutai Mahto R/o Village- Chailaha, P.S- Banjariya ,
                 District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Shankar Shrivastava, Advocate
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026                  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 274 and

                   275 of the BNS read with Sections 30(a) and 41 of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 20 liters of liquor from the house of Shiv Shankar

                   Manjhi and 10 liters of liquor from the house of the petitioner

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and the house in

                   question is a joint family property, as such, it cannot be alleged
Patna High Court CR. MISC. No.7008 of 2026(2) dt.19-02-2026
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          with certainty that it was petitioner who had kept the liquor in

          the house or the liquor kept in the house was within his

          knowledge and he came to be implicated based on secret

          information which is the easiest way to implicate someone

          without holding a proper investigation.

                       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, 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.

          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 Banjariya

          P.S. Case No. 402 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court 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 seeking anticipatory bail, had concealed his
            Patna High Court CR. MISC. No.7008 of 2026(2) dt.19-02-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if 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)
Rishabh/-

U      T


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