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Patna High Court

Pramod MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to conditions under Section 438(2) of the CrPC.

Summary

Petitioner Pramod Mahto was implicated under Section 30(a) of the Excise Act for allegedly possessing 15 litres of liquor recovered from his joint family house. He was not arrested at the scene, and the liquor was not found in his conscious possession; moreover, the FIR omitted the name of the informant (chaukidar) who identified him. The petitioner, represented by counsel, argued that the amendment to the Excise Act in 2018 abolished the concepts of deemed possession and presumed offender, and that he has a clean criminal antecedent. The court examined these submissions and, applying Section 438(2) of the Criminal Procedure Code, directed that provisional anticipatory bail be granted upon furnishing bail bonds and sureties, subject to verification of his antecedent. The order further stipulated that if any prior case is discovered, the bail may be withdrawn, otherwise it will be confirmed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC when the alleged offence under the Excise Act involves alleged possession without concrete evidence.
  • Whether the amendment removing deemed possession and presumed offender under the Excise Act affects the grant of anticipatory bail.
  • Whether the omission of the informant's name in the FIR undermines the prosecution's case for denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30
  • deemed possession
  • joint family property
  • criminal antecedent
  • Section 438 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90176 of 2025
                        Arising Out of PS. Case No.-242 Year-2025 Thana- KORHA District- Katihar
                 ======================================================
                 Pramod Mahto S/O Jadu Mahto Resident of Village- Binjee Raziganj, P.S-
                 Korha, District- Katihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Bhola Prasad
                 For the Opposite Party/s :        Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 15 litres of liquor from house of the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged

                   with certainty that it was the petitioner, who had kept the liquor

                   in the house or the liquor kept in the house was within his
Patna High Court CR. MISC. No.90176 of 2025(2) dt.13-01-2026
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          knowledge and after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and he came to be implicated at the instance of

          chaukidar/local person, but the name of the chaukidar/ local

          person, who disclosed the name of the petitioner is not disclosed

          in the F.I.R., which casts an aspersion on the case of the

          prosecution.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Korha P. S. Case No.242 of 2025, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.90176 of 2025(2) dt.13-01-2026
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                         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 obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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)
vikash/-

U          T


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