Patna High Court
Mahendra YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioners.
Summary
The petitioners, Mahendra Yadav and Durgesh Kumar, were arrested in connection with the seizure of 503.4 litres of illicit foreign liquor from a vehicle, alleged under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. They contended they were neither owners nor drivers of the vehicle, worked as liners, and had no possession of the liquor, asserting innocence and lack of criminal antecedents. The State opposed their regular bail application. After hearing both sides, the Patna High Court considered the lack of direct evidence linking the petitioners to the contraband and their clean record. The Court granted regular bail, directing each petitioner to furnish a bail bond of Rs.10,000 with two sureties each, subject to satisfaction of the Exclusive Special Judge (Excise)-II, Kaimur. The petitioners were ordered released from judicial custody.
Issues considered
- Whether the petitioners are entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 given the circumstances of the seizure.
- Whether the absence of ownership, driver status, and possession by the petitioners justifies granting bail.
Legislation cited
Subjects
- regular bail
- criminal procedure
- excise law
- prohibition
- illicit liquor
- possession
- ownership
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29040 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- ADHAOURA District- Kaimur (Bhabua)
======================================================
1. Mahendra Yadav son of Sita Yadav Resident of Village -Manu PS -Rohtas
Gadh District -Rohtas
2. Durgesh Kumar Son of Satnam Ram Resident of village- Sundarganj, Ps-
Rohtas Gadh, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Madan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 30 (a)
of Bihar Prohibition and Excise Amendment Act, 2022.
3. The case of the prosecution, in short, is that from a
vehicle altogether 503.4 litre of illicit foreign liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that
petitioners are neither owner nor driver of the vehicle. It is
Patna High Court CR. MISC. No.29040 of 2026(2) dt.06-05-2026
2/2
alleged that they were working as a liner. Nothing has been
recovered from the possession of these petitioners. The witness
of the seizure list are police personnel. Moreover, the petitioners
are languishing in judicial custody since 20.03.2026 having no
criminal antecedents.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Adhaura P.S. Case No. 20 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge (Excise)-II, Kaimur at Bhabua.
(Ashok Kumar Pandey, J)
vashudha/-
U T
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