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Patna High Court

Pannalal YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner.

Summary

Pannalal Yadav applied for bail in a case (Malahi P.S. Case No. 02 of 2026) under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, where 60 litres of foreign liquor were seized and the petitioner was implicated by a co‑accused. The petitioner contended that he was falsely implicated, had no ownership or control over the vehicle involved, no liquor was recovered from him, and he had no prior criminal record, having been in judicial custody since 4 January 2026. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the Court found the petitioner's claim of innocence credible and, considering the circumstances, decided to enlarge him on bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties, to be submitted to the Exclusive Special Excise Court No. 1, East Champaran.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
  • Whether the material evidence and the petitioner’s alleged involvement justify continued detention.

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • foreign liquor
  • criminal procedure
  • presumption of innocence
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17308 of 2026
                    Arising Out of PS. Case No.-2 Year-2026 Thana- MALAHI District- East Champaran
                 ======================================================
                 Pannalal Yadav S/O Rambachan yadav Resident of village - Kotrahan P.s. -
                 Nautan, Dist.- West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manoj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Malahi P.S. Case No. 02 of 2026 registered for the offence

                   punishable under Sections 30(a), 41(1) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution, in short, is that

                   altogether 60 liters of foreign liquor was recovered. It is alleged

                   that one person fled away from the car and the apprehended

                   accused person has disclosed the name of this petitioner.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the petitioner is not connected in any
           Patna High Court CR. MISC. No.17308 of 2026(2) dt.23-03-2026
                                                       2/2




                     way with the alleged car. The petitioner is neither owner nor

                     driver of the said car. He also submits that no recovery has been

                     made from the possession of this petitioner. He further submits

                     that a statement has been made in para 3 of the petition that

                     petitioner has no criminal antecedent and he is languishing in

                     judicial custody since 04.01.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned

                     Exclusive Special Excise Court No.-1, East Champaran,

                     Motihari in connection with Malahi P.S. Case No. 02 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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