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Patna High Court

Gyani Mahto @ Janni Mahto @ Achhelal MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                        3/3




                      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/-

U


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