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Patna High Court

Mahesh Yadav @ Mahesh Kumar YadavversusThe state of bihar

Decided
Disposal
BAIL REJECTED

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