Patna High Court

Jiwacch MahtoversusThe State of Bihar

Decided: 21 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to bond, sureties and verification of antecedents.

Summary

The petitioner, Jiwacch Mahto Satyanarayan Mahto, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging that 355.200 litres of liquor were recovered from a pickup auto and a motorcycle was seized, though he claimed no ownership or possession of the vehicles. He sought anticipatory bail, arguing that the case was based on secret information and that he was not in actual possession of the contraband. The State opposed the bail. The High Court, applying Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail conditioned on a Rs.5,000 bond, two sureties of equal amount, and a six‑week surrender period. The court directed the trial court to verify the petitioner’s criminal antecedents, stipulating that if more than one prior case is found, the bail would not be confirmed, whereas if only one antecedent exists, the bail would be confirmed. The order thus provides temporary protection while allowing the trial court to assess the petitioner’s history.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
Whether the petitioner’s prior criminal antecedents should affect the grant or confirmation of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise offence
liquor seizure
Section 30
Section 482
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89066 of 2025
                      Arising Out of PS. Case No.-297 Year-2025 Thana- PARIHAR District- Sitamarhi
                 ======================================================
                 Jiwacch Mahto Satyanarayan Mahto Resident of village - Barahi, P.S- Parihar,
                 Dist.- Sitamarhi
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dwij Raj
                 For the Opposite Party/s :        Ms. Nirmala Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   21-01-2026                  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 offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 355.200 litres of liquor from a pick up

                   auto and a motorcycle was also seized. It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   any of the seized vehicle and he came to be implicated based on

                   secret information which is the easiest way to implicate someone.

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

                   anticipatory bail of the petitioner.
           Patna High Court CR. MISC. No.89066 of 2025(3) dt.21-01-2026
                                                       2/2




                                  5. 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 Court below within a

                     period of six weeks from today, be released on provisional

                     anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees

                     five 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 Parihar P.S. Case

                     No.297/2025, subject to the conditions as laid down under Section

                     482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

                     event if it is found that petitioner has antecedent of more than one

                     case, in that event, it would be presumed that petitioner had

                     concealed his antecedent before this court, as such, the provisional

                     anticipatory bail order shall not be confirmed but if on verification

                     it is found that petitioner has antecedent of one case, in that event

                     the provisional anticipatory bail order shall be confirmed

                     forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T

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