Dinesh YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42393 of 2026
                       Arising Out of PS. Case No.-436 Year-2023 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Dinesh Yadav, s/o late Ramdev Yadav @ Late Ramadev Yadav, R/o – Village-
                 Tegaini, P.S. -Gurpa, District-Gaya.
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Onkar Nath, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, APP
                 ======================== ==============================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-07-2026                    Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Fatehpur P.S. Case No. 436 of 2023 registered on

                   17.06.2023 for the offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2018.

                                3. As per prosecution, total recovery of 810 litres of

                   illicit country-made liquor from different motorcycles during a

                   police raid, is the subject matter of the present case. It is alleged

                   that the petitioner was involved in transporting illicit liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has falsely been implicated solely on the basis of the

                   confessional statement of the co-accused. It is further submitted

                   that no recovery has been made from the conscious possession

                   of the petitioner and his implication is only on the ground that
          Patna High Court CR. MISC. No.42393 of 2026(2) dt.08-07-2026
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                    he was the registered owner of one of the motorcycles, which

                    had already been sold prior to the occurrence and the process of

                    transfer of vehicle is in process. It is also submitted that the

                    petitioner is a local Panchayat Samiti Member. Though the

                    petitioner is accused in six more criminal cases, but in all the

                    cases, he has been granted bail.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner and submits a huge quantity of 810 litres of

                    country-made mahua liquor was recovered during the raid and

                    the petitioner has been named in connection with one of the

                    motorcycles used for transporting the illicit liquor. It is further

                    submitted that the petitioner has six criminal antecedents and

                    out of six, two cases are lodged under Excise Act.

                                 6. In this background, this Court is not inclined to

                    grant bail to the petitioner. Accordingly, the prayer for bail of

                    the petitioner in connection with Leheriasarai P.S. Case No. 204

                    of 2026, pending before the learned Exclusive Special Excise

                    Court No.-04, Gaya is hereby rejected.



                                                (Dr. Anshuman, J)
Manshi/Ashwini

U     T