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Patna High Court

Amarjeet MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

Amarjeet Mahto sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 29.265 litres of liquor from a bush near Brijmohan Mahto's house. The petitioner claimed he had no possession of the liquor, the alleged recovery was from a place not belonging to him, and the case relied on a confessional statement of an accused in police custody, which he argued lacked evidentiary value. The State opposed the bail, but the court noted the petitioner’s clean antecedent and the weak evidential basis. The High Court granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
  • Whether the confessional statement of an accused in police custody provides sufficient basis to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • clean antecedent
  • confessional statement
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84617 of 2025
                      Arising Out of PS. Case No.-154 Year-2025 Thana- Panapur District- Muzaffarpur
                 ======================================================
                 Amarjeet Mahto S/O Visundeo Mahto Resident Of Village - Bagahi, P.S.-
                 Panapur Kariayat, Dist.- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Rajiv Nayan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 29.265 liters of liquor from a bush near house of

                   Brijmohan Mahto.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and even alleged

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

                   and he came to be implicated based on confessional statement of
Patna High Court CR. MISC. No.84617 of 2025(3) dt.19-01-2026
                                            2/3




          apprehended accused in police custody which does not have any

          evidentiary value, when petitioner admittedly is a person with

          clean antecedent.

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

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, 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.

          500/- (Rupees Five Hundred) 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 Panapur

          Kariyat P.S. Case No. 154 of 2025 subject to the conditions as

          laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
            Patna High Court CR. MISC. No.84617 of 2025(3) dt.19-01-2026
                                                        3/3




                      verification if it is found that petitioner is a person with clean

                      antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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