Patna High Court
Rakesh MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
2/3
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/-
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