Patna High Court
Pannalal YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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