Patna High Court
Mahesh Yadav @ Mahesh Kumar YadavversusThe state of bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Mahesh Yadav applied for anticipatory bail after being implicated in a case involving the seizure of 4,462.905 liters of illicit liquor under the Bihar Prohibition and Excise Act. He argued that no incriminating material was found on him, he was neither the driver nor the owner of the vehicle, and his involvement was purely speculative. The State opposed bail, highlighting that the petitioner has ten prior criminal convictions, nine of which relate to similar offences. The court considered the large quantity of seized liquor and the petitioner’s criminal history. Concluding that the suspicion was substantiated by the seriousness of the offence and the antecedents, the court refused the anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the absence of incriminating material in his possession
- Whether the petitioner’s prior criminal record and the large quantity of illicit liquor seized justify denial of bail
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedents
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17280 of 2026
Arising Out of PS. Case No.-491 Year-2025 Thana- PHULPARAS District- Madhubani
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Mahesh Yadav @ Mahesh Kumar Yadav S/O Mohan Yadav R/O Vill.-
Vikramrahi, 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. Awadhesh Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in connection with
Phulparas P. S. Case No. 491 of 2025 registered for the offences
punishable under Sections 30(a), 38(1) and 41(1) of Bihar
Prohibition and Excise Act.
3. As per prosecution case, 4462.905 liters of illicit
liquor was recovered from the seized Truck.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from the conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicle in question and he has got no concern with
the alleged recovery. He has been made accused in this case
only on suspicion.
Patna High Court CR. MISC. No.17280 of 2026(2) dt.07-04-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail and submits that the petitioner has got ten criminal
antecedents out of which nine are of similar nature.
6. Considering huge quantity of recovery and 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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