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2026 DAILYLAW 13114 (PAT)

Mahendra Yadav v. The State of Bihar

CR. MISC./17645/2026 · 2026-03-25

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17645 of 2026 Arising Out of PS. Case No.-16 Year-2026 Thana- KATORIYA District- Banka ====================================================== Mahendra Yadav Son of Late Bhagrath Yadav @ Late Bhagirath Yadav Resident of Village- Dumaria, P.S. Katoriya, District- Banka ... ... Petitioner/s Versus The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajeev Ranjan No. II, Adv : Smt. Kumari Rupa, Adv : Smt. Priyanka Kumari, Adv For the Opposite Party/s : Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 2 25-03-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Katoriya P.S. Case No. 16 of 2026, F.I.R dated 16.01.2026 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. 3. As per the prosecution case, an A.S.I. from Katoriya Police Station reported that acting upon Excise Office information, police raided Mahendra Yadav’s house on 16.01.2026. One person fled and escaped. The choukidar identified escaped person as Mahendra Yadav. Police recovered and destroyed 100 kg fermented mahua and Patna High Court CR. MISC. No.17645 of 2026(2) dt.25-03-2026 2/3 seized 10 liters of country-made liquor. 4. Learned counsel for the petitioner submits that the seizure has been made from the joint house of the petitioner, who is a man of clean antecedent. It is further submitted that name of petitioner transpired in the present case on the basis of disclosure as made by mahal chowkidaar and petitioner is nowhere connected in this case. 5. Learned APP for the State opposes the prayer for anticipatory bail application. 6. Regard being had to the submission made by the parties, taking into consideration the fact that as illicit liquor has been recovered from the house which is in joint possession, petitioner is a man of clean antecedent, accordingly, this Court is inclined to grant anticipatory bail to the petitioner. 7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.17645 of 2026(2) dt.25-03-2026 3/3 satisfaction of learned Special Judge Exclusive Excise Court No. 2, Banka in connection with Katoriya P.S. Case No. 16 of 2026 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023. S.Tripathi/- (Ajit Kumar, J.) U T