Maheshwar Yadav @ Mahesh Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32251 of 2026 Arising Out of PS. Case No.-39 Year-2026 Thana- LAUKAHA District- Madhubani ====================================================== Maheshwar Yadav @ Mahesh Prasad Yadav S/o Kishun Lal Yadav R/o Village - Pathrahi, PS - Laukaha, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-05-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Laukaha P.S. Case No. 39 of 2026, instituted under Sections 274, 275, 3(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, there is recovery of 127.2 litres of illicit liquor from five bags which were carrying by 4 to 5 persons coming from the side of Nepal. After seeing the police, they fled away throwing the bags but one person, namely, Manjay Kumar was apprehended on the spot who disclosed that he was carrying the liquor at the instruction of the petitioner and others.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.32251 of 2026(2) dt.13-05-2026 2/2 case due to four criminal antecedents in which he is on bail. Petitioner was not present on the spot. Except the confessional statement of co-accused, Manjay Kumar, there is no material against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. He has no concern with the seized liquor. Petitioner undertakes to co-operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, submission of learned counsel for the parties and petitioner was not present on the spot, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge (Excise), Jhanjharpur, Madhubani in connection with Laukaha P.S. Case No. 39 of 2026, subject to the conditions laid down in Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023.

(Sunil Dutta Mishra, J) rakhi/- U T