Patna High Court
Pramod MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 The order further stipulated that if any prior case is discovered, the bail may be withdrawn, otherwise it will be confirmed.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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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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