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Patna High Court

Chandan Mahto @ Chandan KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted subject to conditions and verification of the petitioner’s criminal antecedent.

Summary

Chandan Mahto applied for anticipatory bail fearing arrest in a case registered under IPC Sections 272, 273/34 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2016. He argued that the case diary had not been produced, he was not arrested on the spot, and the alleged liquor recovery occurred at a location adjacent to his house, not in his possession. The State opposed the bail, citing the seriousness of the offences. The Court noted the procedural lapse in producing the diary and the lack of immediate arrest, but also warned that the petitioner’s prior criminal antecedent would be examined. Accordingly, the Court granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and a six‑week window for surrender, with confirmation contingent on verification of his antecedent.

Issues considered

  • Whether anticipatory bail under Section 438 of the Cr.P.C. is warranted in the present case
  • Whether the non‑production of the case diary and absence of arrest justify granting bail
  • How the petitioner’s prior criminal antecedent affects the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • excise law
  • Indian Penal Code
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71289 of 2025
                    Arising Out of PS. Case No.-231 Year-2022 Thana- HARLAKHI District- Madhubani
                 ======================================================
                 Chandan Mahto @ Chandan Kumar Son of Rajnandan Mahto R/O Village -
                 Gagaur, Ward No.- 3, P.S.- Harlakhi, District - Madhubani.
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashok Kumar Alias Ashok Karn, Advocate
                 For the Opposite Party/s :      Mr. Surendra Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   13-01-2026                  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 272 and

                   273/34 of the Indian Penal Code as well as Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2016.

                                3. Learned counsel for the petitioner submits that the

                   case was taken up on 15.10.2025 when the case diary was called

                   for but the same till date has not been received.

                                4. The Court will not wait endlessly for the case diary.

                                5. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 360 litres of liquor from a place

                   adjacent to the house of the petitioner.

                                6. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.71289 of 2025(3) dt.13-01-2026
                                            2/3




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

          recovered from his conscious possession and even the alleged

          recovery is from a place which does not belong to the petitioner

          but then is adjacent to his house. It is further submitted that

          petitioner came to be implicated based on the secret information

          which is the easiest way to implicate someone. It is next

          submitted that once an accused is implicated in a case relating to

          excise the police start implicating mechanically either at the

          instance of the Chawkidar, local person, secret information or

          confessional statement without holding a proper investigation of

          the case.

                       7. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       8. Considering the submissions made by the learned

          counsel for the petitioner, let 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.5,000/- (Rupees Five Thousand) 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 Harlakhi

          P.S. Case No. 231 of 2022, subject to the conditions as laid
           Patna High Court CR. MISC. No.71289 of 2025(3) dt.13-01-2026
                                                       3/3




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

                                  9. It is made clear that thereafter the learned trial

                     court shall verify the criminal antecedent of the petitioner and if

                     it is found that petitioner has antecedent of more than one case,

                     it would be presumed that petitioner had concealed his

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

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

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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