Patna High Court
Lal Mohan Yadav @ Lal Mohan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to conditions, under Section 482 of the BNSS.
Summary
The petitioner, Lal Mohan Yadav, was implicated in a case (Patliputra P.S. Case No. 556 of 2025) for alleged contravention of Section 30(a) of the Bihar Excise and Prohibition Amendment Act, 2022 after police recovered 55.60 litres of country‑made liquor from a garbage heap and two informants identified him. The petitioner contended that he was falsely implicated, that no incriminating article was found in his possession or residence, and that the case rested solely on the statements of the two informants despite his prior similar offence. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, directed that the petitioner be released on anticipatory bail upon arrest or surrender, subject to a bail bond of Rs.10,000 with two sureties and several conditions under Section 482 of the BNSS. The order also stipulated verification of the petitioner’s criminal antecedent and stipulated cancellation of bail for non‑compliance. The court clarified that any observations in the order would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise and Prohibition Amendment Act, 2022.
- Whether the statements of two informants, without seizure of the alleged contraband from the petitioner, suffice to deny bail.
- Whether the petitioner’s prior criminal antecedent impacts the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- illegal liquor
- Section 30(a)
- bail conditions
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11156 of 2026
Arising Out of PS. Case No.-556 Year-2025 Thana- PATLIPUTRA District- Patna
======================================================
Lal Mohan Yadav @ Lal Mohan Kumar S/o Chandradev Ray R/o - Kamaldev
Narayan Path, Near Shiv Mandir, Gosai Tola, P.S - Patliputra, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan Prasad, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in connection with Patliputra P.S. Case No. 556 of 2025
instituted for the offences punishable under Section 30(a) of the
Bihar Excise and Prohibition Amendment Act, 2022.
3. As per the prosecution case, the police recovered
55.60 liters of country made liquor from garbage heap and two
persons were apprehended who disclosed the name of the
petitioner.
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4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated at the behest of police as
he has one criminal antecedent of similar nature. It has been
submitted that admittedly the recovery has been made from the
garbage heap and no incriminating article was recovered either
from the conscious possession of the petitioner or from his
house. It has been submitted that merely on the statement of two
persons, the petitioner has been implicated.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of his arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
his furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Spl. Judge, Excise-I, Patna in
connection with Patliputra P.S. Case No. 556 of 2025, subject to
the conditions as laid down under Section 482 of the BNSS and
subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
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(ii) the petitioner will remain present on each and
every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
(v) the Court below shall verify the criminal
antecedent of the petitioners except in the case which has been
mentioned in para-3 of the petition, registered for the offence
under Section 30A of the Bihar Prohibition and Excise Act and,
in case at any stage it is found that the petitioner has concealed
their criminal antecedents, the court below shall take step for
cancellation of bail bonds of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for the purpose of the same or in the name
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of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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