Created by Fuzzy Cloud

Patna High Court

Pradeep Mahto @ Pradeep KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.