Patna High Court

Rakesh Kumar Mahaseth @ Rakesh MahasethversusThe State of Bihar

Decided: 8 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail subject to verification of the petitioner's antecedent.

Summary

Rakesh Kumar Mahaseth sought relief fearing arrest in a case registered under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act for allegedly recovering 45 litres of liquor from two motorcycles. He contended that he has a clean antecedent, was not caught in possession, does not own the motorcycles and was implicated only by local informants whose identity is omitted from the FIR. The State opposed his prayer for anticipatory bail. The Court, after considering the petitioner's submissions, granted provisional anticipatory bail for a period of six weeks on condition of furnishing a bail bond of Rs. 500 and two sureties of the same amount. The order further directed the trial court to verify the petitioner's criminal antecedent and stipulated that if any prior case is found, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the pending case under the Bihar Narcotic Substances Act and Bihar Excise Act.

Legislation cited

Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)

Subjects

anticipatory bail
liquor seizure
clean antecedent
provisional bail
Section 482
Bihar Excise Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22348 of 2026
                        Arising Out of PS. Case No.-1 Year-2026 Thana- Patauna District- Madhubani
                 ======================================================
                 Rakesh Kumar Mahaseth @ Rakesh Mahaseth S/o- Tapeshwar Mahaseth
                 Resident of Village- Balia Post- Tisi Narsam Ward No- 13 Police Station-
                 Benipatti District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Md Soban Asghar
                 For the Opposite Party/s :        Mr.Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026               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 offences punishable under Sections 274, 275

                   and 3(5) of BNS and Section 30(a) of the Bihar Excise Act.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 45 litres of liquor from two motorcycles.

                             4.     Learned counsel for the petitioner submits that the

                   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 motorcycles and he came to be implicated at

                   the instance of local people, but then the name of the person,
Patna High Court CR. MISC. No.22348 of 2026(2) dt.08-04-2026
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          who disclosed the name of the petitioner, is not disclosed in the

          FIR, which casts an aspersion on the case of the prosecution,

          when petitioner has not been implicated based on secret

          information and is a person with clean antecedent.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     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. 500/- (Rupees Five Hundred) 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 Patauna P.S. Case No. 1 of 2026, subject to the

          conditions as laid down under Section 482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a

          person with clean antecedent in that event the provisional
              Patna High Court CR. MISC. No.22348 of 2026(2) dt.08-04-2026
                                                          3/3




                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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