Patna High Court
Rajesh MahatoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that the petitioner is entitled to bail, subject to specified conditions.
Summary
Petitioner Rajesh Mahato was arrested on 3 April 2026 in connection with the seizure of 262.5 litres of Nepali liquor, alleged to be offences under Sections 41 and 34 of the Bharatiya Nyay Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that the liquor was not recovered from his possession and that he was implicated only on the basis of statements by co‑accused, who had earlier been granted bail. The prosecution opposed bail, citing three prior criminal antecedents, though noting the petitioner was already on bail for those matters. The High Court, after considering the circumstances, 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. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of the alleged liquor‑seizure offences and his prior criminal antecedents.
- Whether the absence of direct possession of the seized liquor and reliance on co‑accused statements preclude bail.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 34, 41
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- liquor seizure
- excise law
- criminal antecedent
- co‑accused
- Bharatiya Nyay Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42013 of 2026
Arising Out of PS. Case No.-430 Year-2021 Thana- DHAKA District- East Champaran
======================================================
Rajesh Mahato S/O Chandeshwar Mahato R/O Village- Hirapatti, P.S-
Pachpakari, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramakant Yadav, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-07-2026 Heard Mr. Ramakant Yadav, learned counsel for the
petitioner as well as Mr. Parmanand Kumar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
03.04.2026 in connection with Dhaka P.S. Case No. 430 of
2021, F.I.R. dated 27.08.2021 for the offences punishable under
Sections 41/34 of the Bharatiya Nyay Sanhita, 2023 and Section
30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 262.500 liters of Nepali 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.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.42013 of 2026(2) dt.01-07-2026
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been made from Magic Pick-up Van and scooty in question and
the petitioner has been made accused merely on the basis of
disclosure made by co-accused persons who stated that they are
going to supply the alleged liquor to the petitioner. He further
submits that similarly situated co-accused persons, namely,
Pramod Mahto @ Kamod Mahto and Mukesh Sahani have been
granted the privilege of bail by this Court vide order dated
03.03.2022 and 07.03.2022 in Cr. Misc. No. 61923 of 2021 and
Cr. Misc. No. 64370 of 2021. He further submits that the police
after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 03.04.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries three criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matters.
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 Excise Court No-3, East Champaran, Motihari in
Patna High Court CR. MISC. No.42013 of 2026(2) dt.01-07-2026
3/3
connection with Dhaka P.S. Case No. 430 of 2021, 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
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/-
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