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Patna High Court

Ashok Yadav @ Ashok KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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