Patna High Court
Gyani Mahto @ Janni Mahto @ Achhelal MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of antecedents.
Summary
Gyani Mahto sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act for alleged recovery of 62.3 litres of liquor. He argued that the alleged recovery was not from his conscious possession, occurred at a location not belonging to him, and that a co‑accused’s confessional statement lacked evidentiary value. The State opposed the bail. The Court, considering the facts, granted provisional anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order also directed verification of the petitioner’s criminal antecedents, with the bail to be confirmed only if he has three or fewer prior cases.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act.
- Whether a confessional statement of a co‑accused made in police custody is admissible as evidence.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition & Excise Act
- confessional statement
- criminal antecedent
- bail bond
- Section 438 CrPC
- Section 482 B.N.S.
- excise offence
- liquor recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8253 of 2026
Arising Out of PS. Case No.-531 Year-2022 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Gyani Mahto @ Janni Mahto @ Achhelal Mahto S/o- Late Kapil Mahto R/v-
Koluarwa W.No-1, Ps- Town, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sumit Kumar Gupta
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State .
2. Petitioner apprehends his arrest in a case registered for
the offence punishable under Section 30(a) of Bihar Prohibition &
Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases, out of which one case is
under the Excise Act and allegation is total recovery of 62.3 litres
of liquor as detailed in the F.I.R..
4. Learned counsel for the petitioner submits that the
petitioner was not apprehended on the spot as such recovery is not
made from conscious possession, it is next submitted that even
alleged recovery is from a place which is not belong to the
petitioner and he came to be implicated based on the confessional
Patna High Court CR. MISC. No.8253 of 2026(2) dt.10-04-2026
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statement of Anil Paswan in police custody which has not have any
evidentiary value, it is also submitted one accused implicated in a
case relating to excise, the police has implicated mechanically
either at the instance of Chowdikar, local person or confessional
statement.
5. Learned A.P.P., Mr. Ravindra Kumar, for the State
opposes the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case, I am inclined to grant privilege of anticipatory bail to the
petitioner.
7. Let the petitioner, as named above, in the event of his
arrest or surrender within four weeks from today, be enlarged on
Provisional Anticipatory bail on furnishing bail bond of
Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Exclusive Special
Excise Judge-I, Motihari, East Champaran, in connection with
Town P.S. Case No. 531 of 2022, subject to the conditions laid
down under section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
8. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.8253 of 2026(2) dt.10-04-2026
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if it is found that petitioner has antecedent of more than three cases,
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 it is found on verification that petitioner has
antecedent of only three cases in that event, the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
sanjeev/-
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