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Patna High Court

Rakesh Mahto @ Rakesh KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners subject to bond and verification of criminal antecedents.

Summary

The petitioners, Rakesh Mahto and Arjun Mahto, were implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 102 litres of liquor from banana orchards, including their own. They applied for anticipatory bail, arguing that they were not arrested, the liquor was not in their conscious possession, the orchard is a public place, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, directing the trial court to verify the petitioners’ criminal antecedents. The order stipulated that if the petitioners were found to have more prior cases than disclosed, the bail could be revoked. The court thus allowed anticipatory bail conditionally, pending verification of antecedents.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the lack of arrest, absence of liquor in conscious possession, and omission of the informant’s name from the FIR justify anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Bihar Excise Act
  • Section 30(a)
  • BNSS
  • Section 482(2)
  • criminal antecedent
  • police investigation
  • banana orchard

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29701 of 2026
                  Arising Out of PS. Case No.-20 Year-2026 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
           1.     Rakesh Mahto @ Rakesh Kumar S/o Kishundeo Mahto @ Kishundev Mahto
                  Resident of Village- Dhekahan, Bala Tola, Police Station- Piprakothi,
                  District- East Champaran
           2.    Arjun Mahto @ Arjun Kumar S/o Ram Prasad Mahto Resident of Village-
                 Dhekahan, Bala Tola, Police Station- Piprakothi, District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Karandeep Kumar
                 For the Opposite Party/s :       Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of two cases under the Excise

                   Act and petitioner no. 2 has antecedent of one case and

                   allegation is of recovery of 102 litres of liquor from two

                   different banana orchards including the orchard of petitioners.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.29701 of 2026(2) dt.05-05-2026
                                            2/3




          recovered from their conscious possession and banana orchard

          is a place which is accessible to villagers at large. It is next

          submitted that no prudent person would use his own orchard for

          committing an occurrence and thus would create evidence

          against himself and hence would get implicated and they came

          to be implicated at the instance of local people, but then the

          name of the person, who disclosed the name of the petitioners,

          is not disclosed in the FIR, which casts an aspersion on the case

          of the prosecution, when petitioners have not been implicated

          based on secret information. It is further submitted that once an

          accused is implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar, local

          person, confessional statement or secret information without

          holding a proper investigation.

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

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of the learned trial court where the case is pending/successor
              Patna High Court CR. MISC. No.29701 of 2026(2) dt.05-05-2026
                                                          3/3




                        court in connection with Piprakothi P.S. Case No. 20 of 2026

                        subject to the conditions as laid down under Section Section

                        482(2) of the BNSS.

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

                        shall verify the criminal antecedent of the petitioners and in the

                        event if it is found that petitioner no. 1 has antecedent of more

                        than two cases and petitioner no. 2 has antecedent of more than

                        one case then it would be presumed that petitioners, for the

                        purposes of seeking anticipatory bail, had concealed their

                        antecedent before this Court, as such, the provisional anticipatory

                        bail order shall not be confirmed with respect to that petitioner

                        who had concealed his criminal antecedent before this Court, but

                        after verification if it is found that petitioner no. 1 has antecedent

                        of two cases and petitioner no. 2 has antecedent of one case in

                        that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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