Patna High Court
Dinesh MehraversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied anticipatory bail to the petitioners.
Summary
The petitioners, members of the Mehra family, sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise Act for alleged possession of 60 litres of illegal chullai liquor and four distilling equipments, and for assaulting police during a raid. The prosecution claimed the liquor and equipment were recovered from the petitioners and that they attacked the raiding team with sticks and stones, injuring officers and damaging vehicles. The petitioners contended they had no conscious possession of any incriminating article, asserted clean antecedents, and argued that the assault allegation was vague and unsupported. The State opposed bail, emphasizing the specific accusations and the seriousness of the offences. Considering the direct nature of the accusations and the gravity of the offences, the court rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under Sections 30(a), 30(c) and 45 of the Bihar Prohibition and Excise Act for possession of illegal liquor and assault on police.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- assault on police
- bail jurisprudence
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15309 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- EXCISE UDAKISHUNGANJ District-
Madhepura
======================================================
1. Dinesh Mehra Son of Saryug Mehra Resident of village- Jangar Toli Uraw
Tola, Ward No. 11, Police Station- Bihariganj, District- Madhepura
2. Rinku Mehra @ Rintu Kumar Son of Dinesh Mehra Resident of village-
Jangar Toli Uraw Tola, Ward No. 11, Police Station- Bihariganj, District-
Madhepura
3. Ravindra Mehra Son of Dinesh Mehra Resident of village- Jangar Toli Uraw
Tola, Ward No. 11, Police Station- Bihariganj, District- Madhepura
4. Rupesh Chaudhary Son of Sitabi Chaudhary Resident of village- Jangar Toli
Uraw Tola, Ward No. 11, Police Station- Bihariganj, District- Madhepura
5. Nilam Devi Wife of Dinesh Mehra Resident of village- Jangar Toli Uraw
Tola, Ward No. 11, Police Station- Bihariganj, District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Ms. Pooja Prasad, Advocate
For the State : Mr. Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-03-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 30(a), 30(c)
and 45 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, it is alleged that 60 liters
illegal chullai liquor and 4 distilling equipment were recovered
from possession of all these accused petitioners. It is further
Patna High Court CR. MISC. No.15309 of 2026(2) dt.23-03-2026
2/3
alleged that all these accused petitioners and their family
members scuffled with the raiding team and attacked them with
lathi, danda and stone due to which several police personnel
sustained injuries and the police vehicles also got damaged.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. No incriminating article has been
recovered from conscious possession of these petitioners and
they have falsely been implicated in this case merely on
suspicion. Allegation of assault is general and omnibus and no
specific accusation of overt act has been alleged against these
petitioners. Petitioners claim clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that petitioners are named in the
F.I.R. and there is specific accusation that 60 liters of illegal
chullai liquor and 4 distilling equipment were recovered from
possession of these petitioners and they also assaulted the
raiding team due to which several police personnel sustained
injuries and the police vehicles got damaged and thus, they
created hindrance in discharge of their official duties.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.15309 of 2026(2) dt.23-03-2026
3/3
case, specific and direct nature of accusation and gravity of
offence, the prayer for grant of anticipatory bail to the
petitioners is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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