Allowed¶18

Rakesh Mahto v. The State of Bihar

Patna HC26 Mar 2026CR. MISC./19431/2026

Case brief

AI extract

What is this about?

Rakesh Mahto v. The State of Bihar; High Court of Judicature at Patna; CR. MISC. No.19431 of 2026; PS Case No.53/2026, Chapra Town, District Saran; anticipatory bail; provisional anticipatory bail; Section 30(a) Bihar Prohibition and Excise Act; Section 482(2) BNSS; bail bond Rs.15,000/-; two sureties of like amount; six-week surrender window; verification of criminal antecedents; concealment of antecedents; confirmation of provisional bail order; Satyavrat Verma, J; decided 26-03-2026.

What did the court decide?

Provisional anticipatory bail: release on arrest or surrender within six weeks on bail bonds of Rs.15,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions; confirmation contingent on the trial court's verification of criminal antecedents. ¶18

Rakesh Mahto Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Chapra Town P.S. Case No.53/2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, should be released on anticipatory bail.

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Court's answer

Provisional anticipatory bail granted: petitioner, on arrest or surrender within six weeks, to be released on bail bonds of Rs.15,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) BNSS, to the satisfaction of the trial court where the case is pending.

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Ratio / Principle

The trial court shall thereafter verify the petitioner's criminal antecedents; if more than three cases are found, the petitioner would be presumed to have concealed his antecedents before this court and the provisional anticipatory bail order shall not be confirmed.

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Key takeaways

If verification finds antecedents of exactly three cases, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court, Criminal Miscellaneous No.19431 of 2026 (decided 26-03-2026, Satyavrat Verma, J): petitioner apprehending arrest in Chapra Town P.S. Case No.53/2026 under Section 30(a), Bihar Prohibition and Excise Act (alleged recovery of 200 litres of liquor from a toto vehicle and motorcycle; claimed implication via custodial confessional statement of one Arjun; three excise antecedents acknowledged). Court granted provisional anticipatory bail - release on arrest or surrender within six weeks on bail bonds of Rs.15,000/- with two sureties of the like amount each, subject to Section 482(2) BNSS conditions. Trial court directed to verify criminal antecedents: if more than three cases found, provisional order not to be confirmed (presumption of concealment of antecedents); if exactly three cases found, provisional order to be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19431 of 2026

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Arising Out of PS. Case No.-53 Year-2026 Thana- CHAPRA TOWN District- Saran

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======================================================

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Rakesh Mahto S/O Kailash Mahto R/O Vill.- Roopganj, Adda No.- 02, P.S.Nagar, Dist.- Saran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Ms. Sucheta Yadav ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 26-03-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

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Learned counsel for the petitioner submits that petitioner has antecedent of three cases under the Excise Act and allegation is of recovery of 200 litres of liquor from a toto vehicle and a motorcycle. It is next submitted that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and is not the owner of any of the seized vehicle and he came to be implicated based on confessional statement of Arjun in police custody which does not have any evidentiary value. It is also submitted that once an

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Patna High Court CR. MISC. No.19431 of 2026(2) dt.26-03-2026 2/3

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accused is implicated in a case relating to excise, the police starts implicating mechanically either through chowkidar, local person, confessional statement or secret information without holding a proper investigation.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.15,000/- (Rupees Fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chapra Town P.S. Case No.53/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of more than three cases, in that event, it would be presumed that petitioner had concealed his antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if

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Patna High Court CR. MISC. No.19431 of 2026(2) dt.26-03-2026 3/3

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on verification it is found that petitioner has antecedent of three cases, in that event the provisional anticipatory bail order shall be confirmed forthwith.

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(Satyavrat Verma, J)

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amit/-

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U T

Rakesh Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rakesh Mahto v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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