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Patna High Court

Mukesh Mahto @ Mukesh Kumar MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions.

Summary

Mukesh Mahto applied for anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 32,400 litres of liquor from his joint family house. He argued that he was not arrested at the scene, the liquor was not in his conscious possession, and that the concept of deemed possession had been abolished by the 2018 amendment, making the charge untenable. The State opposed the bail, contending the seriousness of the offence. The High Court, considering these submissions, granted provisional anticipatory bail on a bond of Rs.15,000 with two sureties, subject to Section 482(2) of the B.N.S.S. and a verification of his criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
  • Whether the doctrine of deemed possession applies post‑2018 amendment of the Excise Act.
  • Whether the petitioner’s antecedent of three prior cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • joint family property
  • criminal antecedent
  • Section 30
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70979 of 2025
                     Arising Out of PS. Case No.-222 Year-2025 Thana- Excise P.S. District- Darbhanga
                 ======================================================
                 Mukesh Mahto @ Mukesh Kumar Mahto S/o Sonelal Mahto R/o Vill-
                 Milkichak, P.S.- Bahadurpur, Distt- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sheo Kumar Prasad, Advocate
                 For the Opposite Party/s :        Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   07-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of three cases as would manifest from

                   supplementary affidavit and allegation is of recovery of 32.400

                   litres of liquor from house of the petitioner. It is next submitted

                   that petitioner was not arrested 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

                   with certainty that it was petitioner who had kept the liquor in

                   the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.70979 of 2025(3) dt.07-01-2026
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          knowledge and after amendment in the Excise Act in the year

          2018, the concept of deemed possession and presumed offender

          has been done away with and the petitioner came to be

          implicated based on secret information which is the easiest way

          to implicate someone 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 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-bond in the

          sum of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties

          of the like amount each to the satisfaction of the learned

          Exclusive Special Judge-Ist (Excise Act), Darbhanga in

          connection with Excise P.S. Sadar Case No.222 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 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 more than three cases,
               Patna High Court CR. MISC. No.70979 of 2025(3) dt.07-01-2026
                                                           3/3




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

                         that petitioner has antecedents of only three cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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