Patna High Court
Suman MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail applications, subject to conditions and verification of the petitioners' criminal antecedent.
Summary
The petitioners, Suman Mahto and Jetan (Jitan) Mahto, applied for anticipatory bail in two separate criminal miscellaneous proceedings concerning alleged offences under the Excise Act and various provisions of the Bihar Narcotic Substances (B.N.S.) Act and the Arms Act. They argued that they were not arrested at the scene, had no possession of the seized liquor, and were implicated solely on secret information, contending that the police investigation was inadequate. The State opposed the bail applications. The Patna High Court, after hearing counsel, granted provisional anticipatory bail in both matters, directing the petitioners to furnish bail bonds of Rs.15,000 each with two sureties, subject to Section 482(2) of the B.N.S. and verification of their criminal antecedent. The court stipulated that if the petitioners are found to have more than three prior cases, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the B.N.S. for offences alleged under the Excise Act, B.N.S. Act and Arms Act.
- Whether the petitioners' alleged lack of possession and reliance on secret information justify denial of anticipatory bail.
- Whether the petitioners' criminal antecedent of three cases affects the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- B.N.S. Act — s. 482(2)
- Excise Act — s. 30(a), 32(3)
Subjects
- anticipatory bail
- Excise Act
- Arms Act
- criminal antecedent
- Section 482
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9238 of 2026
Arising Out of PS. Case No.-273 Year-2025 Thana- Excise P.S. District- Saran
======================================================
1. Suman Mahto S/O Mundrika Mahto @ Mudrika Mahto R/O Vill.- Rupganj
Adda No 02,P.S- Rivilganj,Dist- Saran at Chapra
2. Jetan Mahto S/O Jata Mahto R/O Vill.- Rupganj ,P.S- Rivilganj,Dist- Saran
at Chapra
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 8442 of 2026
Arising Out of PS. Case No.-324 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
1. Suman Mahto Son of Mundrika Mahto @ Mudrika Mahto Resident of
Village- Roopganj, Adda No. 02, P.S.- Ribilganj/ Rivilganj, District- Saran at
Chapra
2. Jitan Mahto Son of Jata Mahto Resident of Village- Roopganj, P.S.-
Ribilganj/ Rivilganj, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 9238 of 2026)
For the Petitioner/s : Mr.Ajit Kumar Singh
For the Opposite Party/s : Mr.Bishweshwar Ram
(In CRIMINAL MISCELLANEOUS No. 8442 of 2026)
For the Petitioner/s : Mr.Ajit Kumar Singh
For the Opposite Party/s : Mr.Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 30-03-2026 CRIMINAL MISCELLANEOUS No.9238 of 2026
1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Patna High Court CR. MISC. No.9238 of 2026(3) dt.30-03-2026
2/5
Sections 30(a) and 32(3) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioners have antecedent of three cases out of which two
cases are under the Excise Act and the allegation is of recovery
of 150 litres of liquor from a boat.
4. The learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and are not the owner
of the seized boat and they came to be implicated based on
secret information, which is the easiest way to implicate
someone. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation. It is
also submitted that earlier also petitioners in similar came to be
implicated in cases relating to excise.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
Patna High Court CR. MISC. No.9238 of 2026(3) dt.30-03-2026
3/5
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs. 15,000/- (Rupees Fifteen Thousand) each 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 Utpad/ Excise P. S. Case No.273 of 2025,
subject to the conditions laid down under Section 482(2) of the
BNSS.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of more than three
cases, then it would be presumed that petitioners for the
purposes of obtaining anticipatory bail had concealed their
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 petitioners have antecedent of
three cases only, in that event, the provisional anticipatory bail
order shall be confirmed forthwith.
CRIMINAL MISCELLANEOUS No. 8442 of 2026
1. Heard learned counsel for the petitioners and
learned APP for the State.
Patna High Court CR. MISC. No.9238 of 2026(3) dt.30-03-2026
4/5
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 126(2), 115(2), 109(1), 352 and 3(5) of the B.N.S. and
Section 27 of the Arms Act.
3. The learned counsel for the petitioners submits that
the petitioners have antecedent of three cases out of which two
cases are under the Excise Act. It is further submitted that for
the same occurrence, Utpad/Excise P. S. Case No.273 of 2025
was instituted in which petitioners have been granted the
privilege of anticipatory bail by order dated 30.03.2026 in Cr.
Misc. No.9238 of 2026. It is next submitted that in the instant
case though allegations are the same, but then, the case has not
been instituted under the Excise Act.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. After hearing the learned counsel for the parties
and taking into consideration the order dated 30.03.2026 in Cr.
Misc. No.9238 of 2026, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs. 15,000/- (Rupees Fifteen Thousand) each with
Patna High Court CR. MISC. No.9238 of 2026(3) dt.30-03-2026
5/5
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 Rivilganj/Ribilganj P. S. Case No.324 of
2025, subject to the conditions laid down under Section 482(2)
of the BNSS.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of more than three
cases, then it would be presumed that petitioners for the
purposes of obtaining anticipatory bail had concealed their
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 petitioners have antecedent of
three cases only, in that event, the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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