Patna High Court

Akhilesh Yadav @ Mahal Yadav @ MahanthversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner subject to bond and surety conditions.

Summary

The petitioner, Akhilesh Yadav, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 80 litres of liquor recovered from two motorcycles. He claimed innocence, stating he neither owned the motorcycles nor had conscious possession of the liquor, and highlighted the lack of incriminating material against him. The State opposed bail, citing his three prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023. The court considered the facts, the period of custody since 15‑11‑2025, and the fact that a co‑accused had already been granted bail. Consequently, the court granted bail on a bond of Rs.15,000 with two sureties, imposing conditions regarding family surety and appearance at trial.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents
Whether the petitioner’s alleged non‑compliance with Section 103 of the BNSS, 2023, warrants denial of bail
Whether the petitioner’s lack of ownership of the motorcycles and absence of conscious possession of liquor negates the charge

Subjects

bail
prohibition act
excise
liquor possession
criminal procedure
Section 103
antecedents
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89358 of 2025
                         Arising Out of PS. Case No.-342 Year-2025 Thana- EKMA District- Saran
                 ======================================================
                 Akhilesh Yadav @ Mahal Yadav @ Mahanth S/o Vinod Yadav @ Vinod Ray
                 R/o Village - Ekari, P.S - Ekma, District - Saran




                                                                                   ... ... Petitioner/s
                                                       Versus



                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Chetna, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with Ekma

                   PS Case No. 342 of 2025 instituted for the offences under

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

                           3.       The prosecution case, in short, is that 80 liters

                   liquor was recovered from two motorcycles.

                           4.       Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.89358 of 2025(2) dt.19-01-2026
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          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. Petitioner is not

          the owner of the motorcycle and he has no concern with the

          same. The petitioner is in custody since 15.11.2025 and has got

          three criminal antecedent/s. There is no compliance of Section

          103 of the BNSS, 2023. Other co-accused has been granted bail

          by this Court vide order dated 18-11-2025, passed in Cr. Misc.

          No. 77861 of 2025.

                  5.      Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                  6.      Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                  7.      Let the petitioner be released on bail on furnishing

          bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties

          of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Ekma PS Case No.

          342 of 2025, subject to the following conditions:

                  (I) One of the bailors shall be own/close member of the

          family of the petitioner.

                  (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.89358 of 2025(2) dt.19-01-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T

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