Patna High Court
Sanoj MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275, 482(2)
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
2/3
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
Checking your session…