Patna High Court
Lakshmi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
Lakshmi Yadav was arrested after 108 litres of liquor were recovered from a motorcycle, and he was charged under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a passer‑by, not the owner of the motorcycle, and that no incriminating material linked him to the liquor, arguing that his arrest was based solely on suspicion. He had been in custody since 14‑01‑2026 and possessed one prior criminal antecedent, while the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the short period of custody, and procedural lapses, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the nature of the offences and the evidence presented.
- Whether the failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justifies denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 3(5)
Subjects
- bail
- criminal procedure
- liquor possession
- suspicion
- arrest
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12567 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- BASOPATTI District- Madhubani
======================================================
Lakshmi Yadav Son of Shivji Yadav @ Shiv Yadav R/O Village- Bela Tol,
P.S.- Harlakhi, Distt.- 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. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Basopatti P.S. Case No. 08 of 2026, instituted for the offences
punishable under Sections 274, 275, 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that 108 liters
liquor was recovered from motorcycle and the petitioner was
arrested on spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.12567 of 2026(2) dt.24-02-2026
2/2
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the petitioner is not the
owner of the motorcycle in question. It is further submitted that
the petitioner was a passerby of that way and was arrested only
on the basis of suspicion. The petitioner is in custody since
14.01.2026 and has got one criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Basopatti P.S. Case
No. 08 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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