Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42393 of 2026 Arising Out of PS. Case No.-436 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== Dinesh Yadav, s/o late Ramdev Yadav @ Late Ramadev Yadav, R/o - VillageTegaini, P.S. -Gurpa, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, APP ======================== ============================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-07-2026 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Fatehpur P.S. Case No. 436 of 2023 registered on 17.06.2023 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per prosecution, total recovery of 810 litres of illicit country-made liquor from different motorcycles during a police raid, is the subject matter of the present case. It is alleged that the petitioner was involved in transporting illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated solely on the basis of the confessional statement of the co-accused. It is further submitted that no recovery has been made from the conscious possession of the petitioner and his implication is only on the ground that

Patna High Court CR. MISC. No.42393 of 2026(2) dt.08-07-2026 2/2 he was the registered owner of one of the motorcycles, which had already been sold prior to the occurrence and the process of transfer of vehicle is in process. It is also submitted that the petitioner is a local Panchayat Samiti Member. Though the petitioner is accused in six more criminal cases, but in all the cases, he has been granted bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits a huge quantity of 810 litres of country-made mahua liquor was recovered during the raid and the petitioner has been named in connection with one of the motorcycles used for transporting the illicit liquor. It is further submitted that the petitioner has six criminal antecedents and out of six, two cases are lodged under Excise Act.

6. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Leheriasarai P.S. Case No. 204 of 2026, pending before the learned Exclusive Special Excise Court No.-04, Gaya is hereby rejected.

(Dr. Anshuman, J) Manshi/Ashwini U T