Dismissed¶33

Mahesh Kumar Yadav @ Mahesh Yadav v. The State of Bihar

Patna HC11 May 2026CR. MISC./4164/2026

Case brief

AI extract

What is this about?

Pre-arrest (anticipatory) bail refused; BNS Sections 140(2) and 140(3); Babubarhi P.S. Case No. 321 of 2025, District Madhubani; illicit liquor seizure (168 litres) with Scorpio vehicle; kidnapping of Mithilesh Kumar for ransom; criminal antecedents (several pending cases) as ground for refusal; interest of society; petitioners Awadhesh Kumar Yadav and Mahesh Kumar Yadav; CR. MISC. Nos. 2836 and 4164 of 2026; Patna High Court; Purnendu Singh, J.; order dated 11-05-2026.

What did the court decide?

Considering the fact that several criminal cases are pending against the petitioners, and in the interest of society, the Court declined to enlarge the petitioners on pre-arrest bail. ¶33

Mahesh Kumar Yadav @ Mahesh Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2836 of 2026

¶2

Arising Out of PS. Case No.-321 Year-2025 Thana- BABUBARHI District- Madhubani

¶3

====================================================== Awadhesh Kumar Yadav @ Awadhesh Yadav S/O Mohan Yadav R/O VillageVikram Rahi, P.S- Ghoghardiha, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶8

======================================================

¶9

with

¶10

CRIMINAL MISCELLANEOUS No. 4164 of 2026

¶11

Arising Out of PS. Case No.-321 Year-2025 Thana- BABUBARHI District- Madhubani

¶12

====================================================== Mahesh Kumar Yadav @ Mahesh Yadav S/O Mohan Yadav R/O VillageVikram Rahi, Ward No.-10, P.S- Ghoghardiha, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶17

======================================================

¶18

Appearance : (In CRIMINAL MISCELLANEOUS No. 2836 of 2026) For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Mr. Anant Kumar 1, A.P.P. (In CRIMINAL MISCELLANEOUS No. 4164 of 2026) For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, A.P.P.

¶19

======================================================

¶20

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

¶21

4 11-05-2026

¶22

Heard Mr. Jitendra Kumar Bharti, learned counsel

¶23

appearing on behalf of the petitioners and Mr. Anant Kumar 1 and Mr. Md. Fahimuddin, learned APPs for the State.

¶24

The petitioners seek pre-arrest bail in connection

¶25

with Babubarhi P.S. Case No. 321 of 2025, registered for the offence punishable under Sections 140(2) and 140(3) of the

¶26

Patna High Court CR. MISC. No.2836 of 2026(4) dt.11-05-2026 2/3

¶27

BNS.

¶28

As per the allegation made in the FIR, on 19.07.2025, the police received secret information regarding a Scorpio vehicle loaded with illicit liquor at village Rahui, whereupon raid was conducted and 168 litres of liquor along with the vehicle and a motorcycle were seized. During investigation, police also received information that Mithilesh Kumar had been kidnapped for ransom. On enquiry, the seized vehicle was traced from its registered owner Kanhaiya Kumar of Phulparas, whose wife disclosed that he was involved in illegal liquor trade along with Awadhesh Yadav and others. Kanhaiya Kumar allegedly informed the police that the kidnapped victim had been concealed at the house of co-accused persons, leading to raid by the police. Subsequently, the victim Mithilesh Kumar was recovered, interrogated and medically treated by the police.

¶29

Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. He further submitted that because of number of criminal cases pending against the petitioners, they have been roped in the present case on false accusation. He further submitted that in all the cases, petitioners

¶30

Patna High Court CR. MISC. No.2836 of 2026(4) dt.11-05-2026 3/3

¶31

are on bail, as such, the petitioners deserve to be released on pre-arrest bail.

¶32

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

¶33

Having heard the rival submissions made on behalf of the parties, as well as, having considered the fact that several criminal cases are pending against the petitioners, in the interest of society, I am not inclined to enlarge the petitioners on prearrest bail.

¶34

Accordingly, the present bail applications stand

¶35

rejected.

¶36

(Purnendu Singh, J)

¶37

Niraj/-

¶38

U T

Mahesh Kumar Yadav @ Mahesh Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mahesh Kumar Yadav @ Mahesh Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

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Procedural history

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