Patna High Court
Shyam MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court confirmed the provisional anticipatory bail granted to the petitioner on the same terms and conditions.
Summary
Shyam Mahto sought protection from arrest in a case registered under Section 21(C) of the NDPS Act and Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the seized 39 litres of cough syrup and 28.065 litres of liquor were recovered from a hut belonging to another person, Ram Naresh Mahto, and not from his possession. The petitioner highlighted his lack of relationship with the alleged co‑accused, the hostile motive of the informant (the chowkidar), and the fact that a coordinate bench had earlier granted him provisional anticipatory bail. The State opposed the confirmation of anticipatory bail. The court, after considering the submissions, confirmed the provisional anticipatory bail on the same terms and conditions, directing the petitioner to deposit Rs.5,000 with the Advocates’ Association of Patna High Court within two weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the allegations under the NDPS Act and the Bihar Prohibition and Excise Act.
- Whether the lack of recovery of contraband from the petitioner's conscious possession justifies granting bail.
Legislation cited
Subjects
- anticipatory bail
- NDPS Act
- Bihar Prohibition and Excise Act
- arrest
- bail conditions
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87820 of 2025
Arising Out of PS. Case No.-218 Year-2025 Thana- BELA District- Sitamarhi
======================================================
Shyam Mahto Son of Rajendra Mahto Resident of Village- Sirsiya, P.S.- Bela,
District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 31-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Section 21(C) of NDPS Act as
well as Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
allegation is of recovery of 39 litres of cough syrup along with
28.065 litres of liquor from washroom and hut of Ram Naresh
Mahto. It is next submitted that petitioner was not arrested 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 petitioner has no concern
or relation with Ram Naresh Mahto and he came to be
Patna High Court CR. MISC. No.87820 of 2025(3) dt.31-01-2026
2/2
implicated at the instance of Chowkidar with whom he is on an
inimical term. It is also subitted that if Chowkidar was aware of
the involvement of the petitioner 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 the case was taken up on 22.12.2025 when a
learned Coordinate Bench granted the privilege of provisional
anticipatory bail to the petitioner.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the provisional anticipatory bail
granted to the petitioner is hereby confirmed on the same terms
and conditions.
6. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.5,000/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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