Created by Fuzzy Cloud

Patna High Court

Mahavir MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioners subject to conditions and verification of antecedents.

Summary

Mahavir Mahto and Muneshwar Mahto sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act for alleged recovery of 50 litres of liquor from an orchard not belonging to them. They argued that the liquor was not in their possession, the orchard is public, and the complaint was filed by a hostile chowkidar without prior police notice, suggesting a mechanically driven investigation. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioners furnish bail bonds of Rs 10,000 each with two sureties and that the trial court verify their criminal antecedents within six weeks. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed forthwith. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in the pending excise case
  • Whether the circumstances of the alleged offence justify denial of bail

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Bihar Prohibition and Excise Act
  • Section 482 CrPC
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78561 of 2025
                     Arising Out of PS. Case No.-171 Year-2025 Thana- PANDAUL District- Madhubani
                 ======================================================
           1.     Mahavir Mahto S/O Late Panchu Mahto Resident of Village- Pandaul
                  Pachhawari Tol, P.S.- Pandaul, District- Madhubani
           2.    Muneshwar Mahto S/O Late Kukeshwar Mahto @ Muneshwar Kumar
                 Mahto @ Munesh Kumar Mahto Resident of Village- Pandaul Pachhawari
                 Tol, P.S.- Pandaul, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashad
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   23-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 30(a) and

                   41(1) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners have antecedent of two cases and allegation is of

                   recovery of 50 litres of liquor from an orchard. It is next

                   submitted that petitioners were not arrested from the spot as

                   such nothing was recovered from their conscious possession and

                   even alleged recovery is from a place which does not belong to

                   the petitioners and is accessible to public at large and they came
Patna High Court CR. MISC. No.78561 of 2025(4) dt.23-02-2026
                                            2/3




          to be implicated at the instance of chowkidar with whom they

          are on an inimical term. It is also submitted that if chowkidar

          was aware of the involvement of the petitioners in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution. It is also submitted that once an accused

          is implicated in a case relating to excise, the police starts

          implicating mechanically either through chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

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

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

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

          event of their arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.10,000/- (Rupees ten thousand) each 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

          Pandaul P.S. Case No.171/2025, subject to the conditions as laid

          down under Section 482(2) of the B.N.S.S.
             Patna High Court CR. MISC. No.78561 of 2025(4) dt.23-02-2026
                                                         3/3




                                    6. It is made clear that thereafter the learned trial court

                       thereafter shall verify the criminal antecedents of the petitioners

                       and in the event if it is found that petitioners have antecedent of

                       more than two cases, in that event, it would be presumed that

                       petitioners had concealed their antecedent before this court, as

                       such, the provisional anticipatory bail order shall not be

                       confirmed with but if after verification it is found that

                       petitioners have antecedent of two cases, in that event the

                       provisional anticipatory bail order shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.