Rakesh Mahto @ Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29701 of 2026 Arising Out of PS. Case No.-20 Year-2026 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
Rakesh Mahto @ Rakesh Kumar S/o Kishundeo Mahto @ Kishundev Mahto Resident of Village- Dhekahan, Bala Tola, Police Station- Piprakothi, District- East Champaran 2.
Arjun Mahto @ Arjun Kumar S/o Ram Prasad Mahto Resident of VillageDhekahan, Bala Tola, Police Station- Piprakothi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar = ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Karandeep Kumar For the Opposite Party/s :
Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-05-2026 1.
Heard learned counsel for the petitioners and learned A.P.P. for the State.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.
3.
Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of two cases under the Excise Act and petitioner no. 2 has antecedent of one case and allegation is of recovery of 102 litres of liquor from two different banana orchards including the orchard of petitioners. 4.
Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.29701 of 2026(2) dt.05-05-2026 2/3 recovered from their conscious possession and banana orchard is a place which is accessible to villagers at large. It is next submitted that no prudent person would use his own orchard for committing an occurrence and thus would create evidence against himself and hence would get implicated and they came to be implicated at the instance of local people, but then the name of the person, who disclosed the name of the petitioners, is not disclosed in the FIR, which casts an aspersion on the case of the prosecution, when petitioners have not been implicated based on secret information. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.
5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor
Patna High Court CR. MISC. No.29701 of 2026(2) dt.05-05-2026 3/3 court in connection with Piprakothi P.S. Case No. 20 of 2026 subject to the conditions as laid down under Section Section 482(2) of the BNSS.
7.
It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioner no. 1 has antecedent of more than two cases and petitioner no. 2 has antecedent of more than one case then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioner no. 1 has antecedent of two cases and petitioner no. 2 has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Sumit/- U T