Patna High Court
Pradeep Mahto @ Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to specified conditions.
Summary
Petitioner Pradeep Mahto was arrested on 30 March 2026 in connection with a case involving the seizure of 1,535.640 litres of illicit foreign liquor. He was charged under Sections 274, 275 and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Sections 30(a) and 47 of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner claimed he was falsely implicated, arguing that the seized liquor was recovered from the place of occurrence and not from his possession, and that his name surfaced only through a co‑accused’s statement. The prosecution opposed bail, highlighting seven prior criminal convictions of a similar nature. The High Court, after considering the lack of direct material linking the petitioner to the seized liquor and the conditions of bail, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite serious offences under the Bharatiya Nyay Sanhita and the Bihar Prohibition and Excise Amendment Act.
- Whether the absence of seized liquor from the petitioner's possession and reliance on a co‑accused’s statement justify granting bail.
- Whether the petitioner's prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- illicit liquor
- excise
- criminal antecedents
- seizure
- Bharatiya Nyay Sanhita
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30613 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- RAJNAGAR District- Madhubani
======================================================
Pradeep Mahto @ Pradeep Kumar S/o Jangali Mahto R/o Village - Rampatti,
P.S. - Rajnagar, Dist. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-05-2026 Heard Mr. Murari Narain Chaudhary, learned
counsel for the petitioner and Mr. Navin Kumar Pandey, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
30.03.2026 in connection with Rajnagar P.S. Case No. 86 of
2025, F.I.R. dated 10.03.2025 for the offences punishable under
Section 274, 275 and 3(5) of the Bharatiya Nyay Sanhita, 2023
and 30(a) and 47 of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. Recovery is of 1535.640 liters of illicit foreign
liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.30613 of 2026(2) dt.06-05-2026
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as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from place of occurrence and petitioner was not
apprehended at the place of occurrence and his name has been
transpired on the basis of disclosure made by apprehended co-
accused person and except the aforesaid, no other cogent
material has come during investigation which suggest the
involvement of the petitioner in the present occurrence and the
petitioner is in custody since 30.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries seven criminal antecedents other
than the present one of similar nature.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge Excise, Madhubani/In charge Successor Court in
connection with Rajnagar P.S. Case No. 86 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
Patna High Court CR. MISC. No.30613 of 2026(2) dt.06-05-2026
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and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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