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Patna High Court

Rakesh Mahto @ Rajeev RanjanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.75588 of 2025(4) dt.13-01-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.75588 of 2025(4) dt.13-01-2026
                                                       3/3




                     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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