Patna High Court
Mahanth YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Mahanth Yadav was arrested in connection with a case involving the seizure of 284.985 liters of liquor from a poultry farm, cowshed and a motorcycle, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he had no possession of the liquor, was not the owner of the motorcycle, and had no involvement in the recovery, emphasizing his clean criminal record and the lack of compliance with Section 103 of the BNSS. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the facts, the petitioner’s clean antecedents and the period of custody, decided to grant bail. The bail was set at a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act and the Bharatiya Nyaya Sanhita in view of the facts.
- Whether the lack of compliance with Section 103 of the BNSS, 2023, precludes bail.
- Whether the petitioner’s clean antecedent and lack of direct possession justify bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 274, 275, 3(5)
Subjects
- bail
- prohibition law
- excise
- Bharatiya Nyaya Sanhita
- Section 103
- clean antecedent
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14274 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- TURKAULIYA District- East Champaran
======================================================
Mahanth Yadav S/o Late Bhagwan Rai R/o Village - Turkauliya Briti Tola, P.S
- Turkauliya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Ms. Harsha Shashwat, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Turkauliya PS Case No. 28 of 2026 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act
and Sections 274, 275 & 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. The prosecution case, in short, is that 284.985 liters
liquor was recovered from poultry farm, cowshed and
motorcycle.
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
Patna High Court CR. MISC. No.14274 of 2026(2) dt.26-02-2026
2/2
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that petitioner is not the owner of the motorcycle and he has no
concern with the same. So far as recovery made from other
places are concerned, the petitioner has also no concern with the
same. The petitioner is in custody since 17.01.2026 and has got
no criminal antecedent/s. 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.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner 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 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 Turkauliya PS Case
No. 28 of 2026.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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