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Patna High Court

Mukesh Kumar MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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