Patna High Court
Maheshwar Yadav @ Mahesh Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions imposed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
Summary
The petitioner Maheshwar Yadav feared arrest after police recovered 127.2 litres of illicit liquor allegedly being transported from Nepal. One of the carriers, Manjay Kumar, was apprehended and claimed he was acting on the petitioner’s instructions. The petitioner asserted he was not present at the scene, no liquor was found in his possession, and the only evidence against him was the co‑accused’s confession. He applied for anticipatory bail, while the State opposed the relief. The Court, noting the lack of direct material and the petitioner’s willingness to cooperate, granted anticipatory bail on condition of surrender within six weeks, furnishing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, and directed compliance by the Exclusive Special Judge (Excise).
Issues considered
- Whether anticipatory bail can be granted when the sole incriminating evidence is a co‑accused’s confession.
- Whether the petitioner falls within the ambit of Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita for granting bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 274, 275, 3(5), 482(2)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- co‑accused confession
- Section 482
- Bihar Prohibition & Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32251 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- LAUKAHA District- Madhubani
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Maheshwar Yadav @ Mahesh Prasad Yadav S/o Kishun Lal Yadav R/o
Village - Pathrahi, PS - Laukaha, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Laukaha P.S. Case No. 39 of 2026, instituted under
Sections 274, 275, 3(5) of the B.N.S. and Section 30(a) of the
Bihar Prohibition & Excise Act.
3. As per the prosecution case, there is recovery of
127.2 litres of illicit liquor from five bags which were carrying
by 4 to 5 persons coming from the side of Nepal. After seeing
the police, they fled away throwing the bags but one person,
namely, Manjay Kumar was apprehended on the spot who
disclosed that he was carrying the liquor at the instruction of the
petitioner and others.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.32251 of 2026(2) dt.13-05-2026
2/2
case due to four criminal antecedents in which he is on bail.
Petitioner was not present on the spot. Except the confessional
statement of co-accused, Manjay Kumar, there is no material
against the petitioner. Nothing has been recovered from the
conscious possession of the petitioner. He has no concern with
the seized liquor. Petitioner undertakes to co-operate in the
investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and petitioner
was not present on the spot, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
(Excise), Jhanjharpur, Madhubani in connection with Laukaha
P.S. Case No. 39 of 2026, subject to the conditions laid down in
Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita
(B.N.S.S.), 2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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