Mahendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18180 of 2026 Arising Out of PS. Case No.-10 Year-2026 Thana- EXCISE JAGDISHPUR District- Bhojpur ====================================================== Mahendra Yadav S/o- Sri Siyaram Yadav @ Siyaram Singh Resident of Village- Ramanuj Bag PS- Khudaganj Dist-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mrs. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-03-2026 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner has prayed for bail in connection with Excise Jagdishpur P.S. Case No. 10 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution, in short, is that from a truck, altogether 63.720 liters of country made foreign liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that the petitioner is the driver of the said truck. He further submits that nothing has been recovered from

Patna High Court CR. MISC. No.18180 of 2026(2) dt.24-03-2026 2/2 the possession of this petitioner. The witnesses of the seizure list are police personnel and the police has not complied with Section 105 of the BNSS while making the seizure. The petitioner was unaware of the liquor and the recovery thereof, he is merely a driver of the said truck. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 21.01.2026.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.-II, Ara in connection with Excise Jagdispur P.S. Case No. 10 of 2026. (Ashok Kumar Pandey, J) Sudhanshu/- U T