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Patna High Court

Kari Yadav @ Mahesh YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court held that anticipatory bail could not be granted as the petitioner’s prior criminal antecedents and the large quantity of illicit liquor recovered warranted denial of bail.

Summary

Petitioner Kari Yadav sought anticipatory bail after being implicated in an offence under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act for the recovery of 360 litres of country-made liquor. He claimed innocence, stating that no incriminating material was found in his possession. The State highlighted seven prior criminal antecedents, most of a similar nature, and emphasized the large quantity of liquor seized. The court considered the seriousness of the offence, the volume of contraband, and the petitioner’s criminal history. Consequently, the court rejected the prayer for anticipatory bail, deeming the petitioner not eligible for such relief.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC given the nature of the offences and the quantity of liquor recovered
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • IPC 272
  • IPC 273
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39736 of 2026
                    Arising Out of PS. Case No.-194 Year-2022 Thana- KHAJAULI District- Madhubani
                 ======================================================
                 Kari Yadav @ Mahesh Yadav S/o Late Bhanla Yadav R/o Village - Selra,
                 Ward no. 07, P.S - Jaynagar, District - Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vinod Kumar, Advocate
                 For the Opposite Party/s :      Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-06-2026                          Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Sections 272, 273 of IPC and

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                3 . Prosecution case is that 360 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.

                                5 . Learned counsel for the State submits that

                   petitioner has got 7 criminal antecedents out of which most of

                   them are of similar nature.
           Patna High Court CR. MISC. No.39736 of 2026(2) dt.29-06-2026
                                                       2/2




                                    6. Considering           the huge quantity of recovery,

                     criminal antecedents of petitioner and other circumstances of

                     case , prayer for anticipatory bail is rejected.



                                           (Prabhat Kumar Singh, J)
Koushik/Sanjay-

U      T


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