Patna High Court
Mukesh Kumar MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.5,000 and two sureties.
Summary
Mukesh Kumar Mahto, the owner of a pickup vehicle, was implicated in the recovery of 1,977 litres of liquor and charged under IPC sections 272, 273, 34 and Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 11 January 2026 and argued that he had no prior criminal record and that the liquor was seized from his vehicle without his knowledge, as the driver allegedly misused it. The State opposed his bail application. The court considered that the petitioner was not found in possession of the liquor at the time of arrest and that granting bail would not prejudice the investigation. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court handling the original case.
Issues considered
- Whether bail should be granted to the accused in offences punishable under IPC sections 272, 273, 34 and Bihar Prohibition and Excise Act section 30(a) given the circumstances of the case.
Legislation cited
- Indian Penal Code — s. 272, 273, 34
Subjects
- bail
- IPC 272
- IPC 273
- IPC 34
- Bihar Prohibition and Excise Act
- liquor seizure
- vehicle owner
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11855 of 2026
Arising Out of PS. Case No.-71 Year-2021 Thana- RAHIKA District- Madhubani
======================================================
Mukesh Kumar Mahto S/o Ram Kishan Mahto Resident of Village -
Goshnagar, P.S - Rajnagar, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah
For the Opposite Party/s : Mr. Arun Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 11-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 272, 273 and 34 of the IPC
and Section 30(a) of Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 1977 litres of liquor from a pick up vehicle. It is
next submitted that petitioner was not arrested from the spot as
such nothing was recovered from his conscious possession and
he came to be implicated based on the fact that he is owner of
the seized vehicle. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
thus would create evidence against himself and hence would get
Patna High Court CR. MISC. No.11855 of 2026(2) dt.11-03-2026
2/2
implicated and at the same time shall bring disrepute to his
business and the petitioner was completed unaware that his
driver would misuse the vehicle in the manner as alleged. It is
also submitted that petitioner is in custody since 11.01.2026.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five 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 Rahika
P.S. Case No.71 of 2021.
(Satyavrat Verma, J)
amit/-
U T
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