Patna High Court
Mahavir MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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
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