Patna High Court
Lala Yadav @ Shambhu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail, subject to verification of antecedents and compliance with bail conditions.
Summary
The petitioner, Lala Yadav, sought anticipatory bail after a case was registered against him under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 for alleged recovery of 23.75 litres of liquor. He argued that the liquor was seized from a location not belonging to him, that nothing was found in his possession at the time of arrest, and that the prosecution’s case relied on undisclosed informant information. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, ordered provisional anticipatory bail on the condition of furnishing a bail bond of Rs.5,000 with two sureties and subject to verification of the petitioner’s criminal antecedents. It further directed that if more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed. The order was made under Section 482(2) of the relevant Bihar statute.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the lack of seizure from the petitioner’s possession and reliance on secret informant information affect the grant of bail.
- Whether the petitioner’s criminal antecedents should condition the confirmation of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13574 of 2026
Arising Out of PS. Case No.-805 Year-2025 Thana- ARA NAWADA District- Bhojpur
======================================================
Lala Yadav @ Shambhu Kumar S/o Dhirendra Yadav R/o Village - Anaith,
P.S. - Ara Nawada, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Kumar Singh
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and allegation is of
recovery of 23.75 litres of liquor from four bags near Lahthan
Bhawan. It is next submitted that petitioner was not arrested
from the spot as such nothing was recovered from his conscious
possession and even alleged recovery is from a place which
does not belong to the petitioner and he came to be implicated at
the instance of local person but then the name of the person who
disclosed the name of the petitioner is not disclosed in the FIR,
Patna High Court CR. MISC. No.13574 of 2026(2) dt.12-03-2026
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which casts an aspersion on the case of the prosecution, more so
when petitioner has not been implicated based on secret
information.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees five thousand) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Ara Nawada P.S. Case No.805/2025, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
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case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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