Patna High Court
Mahendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that anticipatory bail is appropriate and granted it to the petitioner.
Summary
Mahendra Yadav applied for anticipatory bail after police seized 100 kg of fermented mahua and 10 litres of country-made liquor from his jointly owned house in connection with FIR No. 16 of 2026 under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The prosecution alleged that Yadav was the person who fled the scene, while the petitioner contended that the seizure was from a joint house, he has a clean antecedent, and the identification was based solely on the chowkidar’s statement. The Additional Public Prosecutor opposed the bail. Considering the nature of the seized illicit liquor, the joint possession, and the petitioner’s clean record, the Court inclined to grant anticipatory bail. The Court ordered release on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount, subject to Section 482(2) of the B.N.S.S., 2023. The order was pronounced by Justice Ajit Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 in view of the seizure of illicit liquor from a jointly owned house.
- Whether the petitioner’s clean antecedent and joint possession of the premises justify the grant of anticipatory bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Amendment Act
- seizure
- joint possession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17645 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- KATORIYA District- Banka
======================================================
Mahendra Yadav Son of Late Bhagrath Yadav @ Late Bhagirath Yadav
Resident of Village- Dumaria, P.S. Katoriya, District- Banka
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No. II, Adv
: Smt. Kumari Rupa, Adv
: Smt. Priyanka Kumari, Adv
For the Opposite Party/s : Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Katoriya P.S. Case No. 16 of 2026, F.I.R
dated 16.01.2026 registered for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2018.
3. As per the prosecution case, an A.S.I. from
Katoriya Police Station reported that acting upon Excise
Office information, police raided Mahendra Yadav’s house
on 16.01.2026. One person fled and escaped. The choukidar
identified escaped person as Mahendra Yadav. Police
recovered and destroyed 100 kg fermented mahua and
Patna High Court CR. MISC. No.17645 of 2026(2) dt.25-03-2026
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seized 10 liters of country-made liquor.
4. Learned counsel for the petitioner submits that
the seizure has been made from the joint house of the
petitioner, who is a man of clean antecedent. It is further
submitted that name of petitioner transpired in the present
case on the basis of disclosure as made by mahal
chowkidaar and petitioner is nowhere connected in this
case.
5. Learned APP for the State opposes the prayer
for anticipatory bail application.
6. Regard being had to the submission made by
the parties, taking into consideration the fact that as illicit
liquor has been recovered from the house which is in joint
possession, petitioner is a man of clean antecedent,
accordingly, this Court is inclined to grant anticipatory bail
to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before
the court below within a period of four weeks from today
on furnishing bail bond of Rs. 10,000/- (rupees ten
thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.17645 of 2026(2) dt.25-03-2026
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satisfaction of learned Special Judge Exclusive Excise
Court No. 2, Banka in connection with Katoriya P.S. Case
No. 16 of 2026 subject to the condition as laid down under
Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J.)
S.Tripathi/-
U T
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