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Patna High Court

Lakshmi YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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