Sakal Mahato v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14242 of 2026 Arising Out of PS. Case No.-273 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.
SAKAL MAHATO S/O LATE RAGHUNI MAHTO Resident of villageBajidpur, P.s.- Madhuban, District- East Champaran 2.
RAMROOP MAHATO S/O BACHCHAN MAHATO Resident of villageBajidpur, P.s.- Madhuban, District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Kumar Pandey For the Opposite Party/s :
Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2026
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 offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that petitioner no.1 has antecedent of two cases under the Excise Act and petitioner no.2 has antecedent of four cases, out of which, two cases are under the Excise Act and allegation is of recovery of 20 litres of liquor from a hut. It is next submitted that petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even alleged
Patna High Court CR. MISC. No.14242 of 2026(2) dt.13-03-2026 2/3 recovery is from a hut which does not belong to the petitioner as it has been specifically stated at Para-9 of the anticipatory bail application and they came to be implicated based on secret information which is the easiest way to implicate someone. It is also submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
5. Considering the submissions made by the learned counsel for the petitioners, 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.20,000/- (Rupees twenty 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 Excise P.S. Case No.273/2020, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court thereafter shall verify the criminal antecedents of the petitioners
Patna High Court CR. MISC. No.14242 of 2026(2) dt.13-03-2026 3/3 and in the event if it is found that petitioner no.1 has antecedent of more than two cases and petitioner no.2 has antecedent of more than four cases, in that event, it would be presumed that petitioners had concealed their antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed with respect to those petitioners whose criminal antecedent does not tally but if after verification the criminal antecedent as recorded hereinabove tallies with the petitioners in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) amit/- U T