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Patna High Court

Ajay YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied regular bail to the petitioner.

Summary

The petitioner, Ajay Yadav, was arrested in connection with a case involving the recovery of 108 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that no incriminating material was found in his possession and that his involvement was merely speculative, seeking regular bail after being in custody since 7 January 2026. The State opposed the bail, highlighting the petitioner’s 17 prior criminal convictions, 14 of which relate to similar offences. The court considered the seriousness of the recovery and the extensive criminal antecedents and consequently rejected the bail application. Additionally, the court directed the trial court to expedite the trial and conclude it within one year of receiving the order.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the recovery of illicit liquor and his extensive criminal antecedents.

Subjects

  • bail
  • prohibition law
  • illicit liquor
  • criminal antecedents
  • regular bail
  • trial expediting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17379 of 2026
                   Arising Out of PS. Case No.-166 Year-2024 Thana- PHULWARIYA District- Gopalganj
                 ======================================================
                 Ajay Yadav S/O Garju Yadav R/O Sakin- Madarwani, P.S.- Phulwariya, Dist.-
                 Gopalganj.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Deepankar Raj, Advocate
                 For the Opposite Party/s :      Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Phulwariya P. S. Case No. 166 of 2024 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. As per F.I.R., 108 liters county made liquor was

                   recovered from a bag.

                                4. Learned counsel for the petitioner submits that No

                   incriminating material has been recovered from conscious

                   possession of the petitioner and he is no way connected with the

                   aforesaid recovery. Petitioner has been made accused in this

                   case only on suspicion. Petitioner is in custody since

                   07.01.2026. Charge-sheet has already been submitted.
              Patna High Court CR. MISC. No.17379 of 2026(2) dt.24-04-2026
                                                          2/2




                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that petitioner has got 17

                        criminal antecedents out of which 14 are of similar nature.

                                     6. Considering the recovery and criminal antecedents,

                        prayer for bail of the petitioner is rejected.

                                     7. However, since petitioner is in custody since

                        07.01.2026, Trial Court is directed to expedite and conclude the

                        trial, preferably, within a period of one year from the date of

                        receipt/production of copy of this order.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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