IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20333 of 2026 Arising Out of PS. Case No.-344 Year-2025 Thana- AMNAUR District- Saran ====================================================== Mintu Mahto @ Mintu Kumar Mahato S/o Umesh Mahto Resident of village- Jagdishpur, Ketuka, Lachchhi, PS- Maker, District- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar Singh For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 17-04-2026 1. Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 47 of Bihar Prohibition and Excise Act. 3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases under the Excise Act and allegation is of recovery of 10 litres of liquor conceal under straw near a hut of Mahendra Manjhi, 5 litres of liquor from a Scooty and 36 litres of liquor from a bush at village Narsinghbhanpur. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even alleged recovery is from a place which does not belong to the petitioner and is accessible to Patna High Court CR. MISC. No.20333 of 2026(2) dt.17-04-2026 2/3 public at large and is not the owner of the seized scooty and he came to be implicated at the instance of chowkidar with whom he is on an inimical term. 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 petitioner. 5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his 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) 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 Amnour P.S. Case No.344/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S. 6. It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than Patna High Court CR. MISC. No.20333 of 2026(2) dt.17-04-2026 3/3 three cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification it is found that petitioner has antecedent of three cases, in that event the provisional anticipatory bail order shall be confirmed forthwith. amit/- (Satyavrat Verma, J) U T