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Patna High Court

Rakesh MahtoversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to a bail bond, sureties, and verification of the petitioner’s antecedents.

Summary

The petitioner, Rakesh Mahto, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 200 litres of liquor were allegedly recovered from a toto vehicle and a motorcycle. He argued that he was not present at the seizure, did not own the vehicles, and was implicated solely on a confessional statement made by another accused, Arjun, while in police custody, which he claimed lacked evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed the trial court to verify the petitioner’s criminal antecedents. If more than three prior cases are found, the bail will not be confirmed; if exactly three, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the alleged offence and his prior criminal record.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • confessional statement
  • criminal antecedents
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19431 of 2026
                     Arising Out of PS. Case No.-53 Year-2026 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Rakesh Mahto S/O Kailash Mahto R/O Vill.- Roopganj, Adda No.- 02, P.S.-
                 Nagar, Dist.- Saran at Chapra

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajit Kumar Singh
                 For the Opposite Party/s :      Ms. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  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 Section 30(a) 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 200 litres of liquor from a toto

                   vehicle and a motorcycle. It is next submitted that petitioner

                   was not arrested from the spot as such nothing was recovered

                   from his conscious possession and is not the owner of any of the

                   seized vehicle and he came to be implicated based on

                   confessional statement of Arjun in police custody which does

                   not have any evidentiary value. It is also submitted that once an
Patna High Court CR. MISC. No.19431 of 2026(2) dt.26-03-2026
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          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 Chapra Town P.S. Case No.53/2026, 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

          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
             Patna High Court CR. MISC. No.19431 of 2026(2) dt.26-03-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of three

                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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