Mahendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88150 of 2025 Arising Out of PS. Case No.-1268 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Mahendra Yadav Son of Late Bigan Yadav Resident of Village- Madhokhap, PS- Madanpur District -Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailesh Kumar Singh, Advocate For the State :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-12-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Aurangabad P.S. Case No. 1268 of 2025 for the offence under sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 13.11.2025 by the informant, Abhishek Anand.
3. As per the prosecution story, the Police on secret information, intercepted a motorcycle and one Pankaj Paswan with 80 liter spirit and was arrested. This led to the FIR.
4. Learned counsel for the petitioner submits that neither he has criminal antecedent nor anything to do with the recovery/seizure, only because he owns the vehicle and Pankaj Paswan has taken it for emergency purposes, got implicated.
5. Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon'ble Patna High Court in
Patna High Court CR. MISC. No.88150 of 2025(2) dt.22-12-2025 2/3 the case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that he owns the motorcycle.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that nothing has been recovered from his conscious possession nor he has criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Judge Excise Court-II, Aurangabad in connection with Aurangabad P.S. Case No. 1268 of 2025 subject to the following conditions:
Patna High Court CR. MISC. No.88150 of 2025(2) dt.22-12-2025 3/3 (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for six months to mark his attendance and after the end of the period, the certificate shall be submitted before the Trial Court failing which steps shall be taken for the cancellation of the bail bonds; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T