Mahanth Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14274 of 2026 Arising Out of PS. Case No.-28 Year-2026 Thana- TURKAULIYA District- East Champaran ====================================================== Mahanth Yadav S/o Late Bhagwan Rai R/o Village - Turkauliya Briti Tola, P.S - Turkauliya, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate Ms. Harsha Shashwat, Advocate For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Turkauliya PS Case No. 28 of 2026 instituted for the offences under Section/s 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in short, is that 284.985 liters liquor was recovered from poultry farm, cowshed and motorcycle.

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.14274 of 2026(2) dt.26-02-2026 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that petitioner is not the owner of the motorcycle and he has no concern with the same. So far as recovery made from other places are concerned, the petitioner has also no concern with the same. The petitioner is in custody since 17.01.2026 and has got no criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

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, clean antecedent of the petitioner 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 Turkauliya PS Case No. 28 of 2026.

(Rudra Prakash Mishra, J) Raj Kishore/- U T