Patna High Court
Ashok Yadav @ Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the petitioner’s prior criminal antecedents and the nature of the offence justified refusal.
Summary
The petitioner, Ashok Yadav, sought anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 60 litres of country-made liquor. He claimed innocence, stating that no incriminating material was found in his possession, but the prosecution highlighted his two prior criminal antecedents of a similar nature. The State argued that the seriousness of the offence, the large quantity of liquor recovered, and the petitioner’s past record warranted denial of bail. The Court considered these factors and concluded that the petitioner’s antecedents and the circumstances of the case outweighed any claim of innocence. Consequently, the petition for anticipatory bail was rejected, and the petition was dismissed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- criminal antecedents
- Bihar Prohibition and Excise Act
- liquor seizure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30062 of 2026
Arising Out of PS. Case No.-94 Year-2025 Thana- PARASBIGHA District- Jehanabad
======================================================
Ashok Yadav @ Ashok Kumar Son of Rajendra Yadav Resident of Village -
Malichak, P.S.- Parasbigha, District - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Jai Narain Thakur , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and
the State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30 (a) of the Bihar
Prohibition and Excise Act.
3 . Prosecution case is that 60 liters of country made
liquor was recovered from an open place .
4. It is submitted that the petitioner is innocent and
has falsely been implicated in this case . No incriminating
material has been recovered from the conscious possession of
the petitioner. Petitioner has got 2 criminal antecedents of
similar nature .
5. Learned counsel for the State submits that
petitioner has got 2 criminal antecedents of similar nature .
Patna High Court CR. MISC. No.30062 of 2026(2) dt.11-05-2026
2/2
6. Considering the criminal antecedents of petitioner,
recovery of huge quantity of liquor and other cirucumstances of
case , prayer for anticipatory bail is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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