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Patna High Court

Sonalal MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail, subject to bond and verification of the petitioners' criminal antecedents, with confirmation contingent on the accuracy of disclosed antecedent cases.

Summary

The petitioners, four members of the Mahto family, sought anticipatory bail fearing arrest in a case registered under Sections 30(a), 30(d), 35 and 38 of the Bihar Prohibition and Excise Act, 2016, relating to alleged recovery of liquor and Mahua from a brewery. They contended that they were not arrested on the spot, no liquor was found in their possession, and the brewery implicated was not theirs, arguing that the investigation relied on secret information and their prior excise cases were being used to implicate them. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties and directed verification of the petitioners' criminal antecedents. It stipulated that if the antecedent cases exceed the numbers disclosed in the bail application, the provisional bail would not be confirmed; otherwise, it would be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 Cr.P.C. in view of the alleged offences under the Bihar Prohibition and Excise Act, 2016.
  • Whether the petitioners' prior criminal antecedents affect the grant or confirmation of anticipatory bail.
  • Whether the conditions imposed by the Court are lawful and sufficient for the verification of antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • Section 438 CrPC
  • excise offences
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9976 of 2026
                     Arising Out of PS. Case No.-254 Year-2019 Thana- SANGRAMPUR District- East
                                                       Champaran
                 ======================================================
           1.     Sonalal Mahto Son of Rajendra Mahto Resident of village- Koirgawa,
                  Bintoli, PS- Sangrampur, Dist- East Champaran
           2.    Pannalal Mahto son of Suresh Mahto Resident of village- Koirgawa, Bintoli,
                 PS- Sangrampur, Dist- East Champaran
           3.    Hari Mahto @ Hari Kumar Mahto Son of Suresh Mahto Resident of village-
                 koirgawa, Bintoli, PS- Sangrampur, Dist- East Champaran
           4.     Chegan Mahto @ Chandarma Mahto @ Chandrika Mahto son of Suresh
                  Mahto Resident of village- Koirgawa, Bintoli, PS- Sangrampur, Dist- East
                  Champaran
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Md. Shakir Ahmad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 30(a),

                   30(d), 35 and 38 of the Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 and 2 have antecedent of one case under the

                   Excise Act, petitioner no. 3 has antecedent of two cases under

                   the Excise Act and petitioner no. 4 has antecedent of three cases

                   under the Excise Act and allegation is of recovery of 50 litres of
Patna High Court CR. MISC. No.9976 of 2026(2) dt.23-02-2026
                                            2/3




          liquor from a brewery of 23 accused persons including 12 litres

          of liquor from brewery of petitioners along with 200 and 300

          litres of Mahua Pass which was destroyed.

                       4. Learned counsel for the petitioners submits that

          petitioners were not arrested from the spot, as such, nothing was

          recovered from their conscious possession and even the brewery

          from where the recovery is alleged to have been made does not

          belong to the petitioners but since petitioners have antecedent

          under the Excise Act, as such, they came to be implicated based

          on the secret information which is the easiest way to implicate

          someone without holding a proper investigation of the case. It is

          further submitted that earlier also the petitioners in similar

          manner came to be implicated.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, let the petitioners above-named, in

          the event of their arrest or surrender 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) each with two sureties of the like amount each to the

          satisfaction of the learned trial court where the case is
           Patna High Court CR. MISC. No.9976 of 2026(2) dt.23-02-2026
                                                       3/3




                     pending/successor court in connection with Sangrampur P.S.

                     Case No. 254 of 2019, subject to the conditions as laid down

                     under Section 438(2) of the Cr.P.C./482(2) of the BNSS.

                                  7. It is made clear that thereafter the learned trial

                     court shall verify the criminal antecedent of the petitioners and

                     if it is found that petitioner no. 1 and 2 have antecedent of more

                     than one case, petitioner no. 3 has antecedent of more than two

                     cases and petitioner no. 4 has antecedent of more than three

                     cases, it would be presumed that petitioners had concealed their

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner no. 1 and 2 have antecedent of only one case,

                     petitioner no. 3 has antecedent of only two cases and petitioner

                     no. 4 has antecedent of only three cases in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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