Patna High Court
Rakesh Mahto @ Rajeev RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner, subject to monetary and personal surety conditions and strict compliance with procedural directives.
Summary
The petitioner, Rakesh Mahto (alias Rajeev Ranjan), was arrested in connection with a case involving the seizure of 1,485 litres of liquor from a truck, alleged to violate Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act and Sections 272 and 273 of the Indian Penal Code. The petitioner contended that he was neither the owner nor the driver of the truck and that his name was only mentioned by a co‑accused, asserting his innocence and lack of any incriminating material in his possession. The State opposed bail, highlighting the petitioner’s 28 prior criminal convictions and the alleged non‑compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. The court examined the seriousness of the offences, the petitioner’s antecedents, and the procedural lapse, and concluded that bail could be granted subject to strict conditions. Accordingly, the court ordered the petitioner’s release on bail of Rs.15,000 with two sureties, imposing conditions of family surety, regular court appearances, and restriction on leaving the jurisdiction.
Issues considered
- Whether bail should be granted to a person accused of offences under the Bihar Prohibition and Excise Act and IPC despite having 28 prior criminal convictions.
- Whether the non‑compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, bars the grant of bail.
- Whether the petitioner’s alleged lack of direct involvement with the seized liquor justifies bail.
Legislation cited
- Indian Penal Code — s. 272, 273
Subjects
- bail
- prohibition law
- excise
- IPC 272
- IPC 273
- criminal antecedents
- Section 103 BNSS 2023
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75588 of 2025
Arising Out of PS. Case No.-75 Year-2019 Thana- DAGARUA District- Purnia
======================================================
Rakesh Mahto @ Rajeev Ranjan S/o Maheshwar Mahto R/o Village- Malpur,
Agrail, P.S.- Sakara, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rambabu Yadav, Adv.
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Dagarua PS Case No. 75 of 2019 instituted for the offences
under Sections 30(a), 41, 47 of the Bihar Prohibition and Excise
Act and under Sections 272, 273 of the Indian Penal Code.
3. The prosecution case, in short, is that 1485 liters
liquor was recovered from the truck.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner is
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neither the owner nor the driver of the said truck. His name has
been surfaced on the disclosure made by the co-accused person.
The petitioner is in custody since 29.08.2025 and has got 28
criminal antecedents. There is no compliance of Section 103 of
the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. The
petitioner has criminal antecedents, hence, he does not deserve
bail.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Dagarua PS Case No. 75 of 2019, subject to
the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) The petitioner shall not leave the territorial
jurisdiction of the court below without its prior permission.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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