Patna High CourtCR. MISC./36853/2026bail granted

Rakesh Mahto @ Tiwary @ Rakesh Mahato v. The State Of Bihar

2026-07-01Mr. Justice Satyavrat Verma2 pages

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 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, abovenamed, 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