Patna High Court
Vijay Mahto @ Vijay KumarversusThe 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 his criminal antecedent.
Summary
The petitioner, Vijay Mahto, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 494.64 litres of liquor at a straw house adjacent to his residence. He argued that he was not apprehended at the spot, the straw house is a public area, and the complaint was motivated by a personal dispute with the chowkidar who filed the FIR. The petitioner also highlighted his three prior excise cases, asserting that they do not warrant denial of bail. The court considered these submissions and, under Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties, and directed the trial court to verify his criminal antecedent. If more than three prior cases are found, the bail will not be confirmed; otherwise, the provisional order will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
- Whether the petitioner’s prior three excise cases affect the grant of anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- straw house
- criminal antecedent
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88799 of 2025
Arising Out of PS. Case No.-170 Year-2025 Thana- HASANPUR District- Samastipur
======================================================
Vijay Mahto @ Vijay Kumar Son of Ramchandra Mahto Resident of Village -
Goriyari Ahilwara, P.S.- Hasanpur, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mahendra Pratap, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 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 has antecedent of three cases and all the cases are
under the excise act and allegation is of recovery of 494.64 liters
of liquor from straw house of the petitioner.
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 straw house is
a place outside the house and thus is accessible to villagers at
large. It is also submitted that no prudent person would use his
Patna High Court CR. MISC. No.88799 of 2025(2) dt.05-01-2026
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own premises for committing an occurrence and thus would
create evidence against himself and hence would get implicated.
It is next submitted that he came to be implicated at the instance
of Chowkidar with whom he is on an inimical term. It is also
submitted 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 also casts an
aspersion on the case of the prosecution.
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.
15,000/- (Rupees Fifteen Thousand) 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 Hasanpur
P.S. Case No. 170 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
Patna High Court CR. MISC. No.88799 of 2025(2) dt.05-01-2026
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in the event if it is found that petitioner has antecedent of more
than three cases 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
verification if it is found that petitioner has antecedent of three
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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