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Patna High Court

Mahesh Yadav @ Mahesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner’s multiple prior criminal cases, especially of similar nature, warranted refusal of bail.

Summary

The petitioner, Mahesh Yadav, sought anticipatory bail after his name appeared in a case (PS 435 of 2025) concerning alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that 625.08 litres of illicit liquor were recovered from a co‑accused’s house, but no material was found on the petitioner’s person. The petitioner’s counsel argued that he had no direct involvement and that his name surfaced only during investigation. The State opposed bail, highlighting that the petitioner has nine prior criminal cases, eight of which are of a similar nature. The court, considering the extensive criminal antecedents, refused the anticipatory bail, dismissing the petition.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner despite his extensive criminal antecedents
  • Whether the petitioner’s alleged connection to the recovered illicit liquor suffices for bail denial

Subjects

  • anticipatory bail
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14099 of 2026
                    Arising Out of PS. Case No.-435 Year-2025 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Mahesh Yadav @ Mahesh Kumar Yadav S/O Mohan Yadav R/O Village-
                 Bikramrahi, P.S- Ghoghardiha, District- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jitendra Kumar Bharti, Advocate
                 For the Opposite Party/s :       Mr. Ramesh Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-03-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Phulparas P. S. Case

                   No. 435 of 2025 registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 625.08 liters illicit iquor

                   was recovered from the house of co-accused Satyadev Kumar

                   Anand.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner and he has got no concern with the

                   alleged recovery. Name of the petitioner transpired in this case

                   during course of investigation.

                                5. Learned A.P.P. for the State opposes the prayer for

                   bail and submits that petitioner has got nine criminal
              Patna High Court CR. MISC. No.14099 of 2026(2) dt.23-03-2026
                                                          2/2




                        antecedents out of which eight are of similar nature.

                                     6. Considering the criminal antecedents of similar

                        nature, prayer for anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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