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Patna High Court

Mahendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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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