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Patna High Court

Rakesh Mahto @ Tiwary @ Rakesh MahatoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted, directing the petitioner’s release on bond.

Summary

Rakesh Mahto was arrested in connection with the alleged recovery of 110 litres of liquor from an auto and charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner argued that he was not arrested at the spot, had no conscious possession of the liquor, was not the owner of the vehicle, and was implicated solely on the confessional statement of another detainee, which he claimed lacked evidentiary value. He also disclosed five prior cases under the Excise Act and had been in custody since 28‑04‑2026. The State opposed the bail application. After considering the submissions and the period of custody, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, pending trial in Excise Trial No. 2756 of 2024.

Issues considered

  • Whether bail should be granted to a person charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 despite prior excise cases.
  • Whether the confessional statement of a co‑accused, without recovery from the petitioner’s conscious possession, is sufficient to deny bail.
  • Whether the petitioner’s lack of ownership of the seized vehicle and absence of direct possession affect the bail decision.

Legislation cited

Subjects

  • bail
  • excise law
  • liquor seizure
  • confessional statement
  • prior convictions
  • Section 30(a)
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36853 of 2026
                   Arising Out of PS. Case No.-141 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                      District- Saran
                 ======================================================
                 Rakesh Mahto @ Tiwary @ Rakesh Mahato Son of Late Kailash Mahto @
                 Kailash Mahato R/O Vill -Rupganj PS -Chapra Town (Chapra) Distt -Saran
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Shekhar Harshvardhan, Advocate
                 For the Opposite Party/s :    Mr. Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases under the Excise Act and

                   is in custody in the instant case since 28.04.2026 and allegation

                   is of recovery of 110 litres of liquor from an auto.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the confessional statement of Maksud
           Patna High Court CR. MISC. No.36853 of 2026(2) dt.01-07-2026
                                                       2/2




                     Alam in police custody which does not have any evidentiary

                     value in the eye of law.

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

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner and taking into

                     consideration the period of custody, the petitioner, above-

                     named, is directed to be released on bail on furnishing bail

                     bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned Trial

                     Court where the case is pending in connection with Excise Trial

                     No. 2756 of 2024 arisng out of Excise P.S. Case No. 141 of

                     2021.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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