Patna High Court
Lala Yadav @ Kanhaiya Lal Yadav @ Lal JiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail subject to the stipulated bond and surety conditions.
Summary
The petitioner, Lala Yadav, applied for pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 35.625 litres of foreign liquor from co‑accused Manish Kumar. The petitioner claimed he was falsely implicated, had no involvement with the liquor, and possessed a clean antecedent. The State opposed the bail, arguing the seriousness of the offence. The Court, after reviewing the FIR and noting that the liquor was seized from the co‑accused, granted pre‑arrest bail subject to a Rs.10,000 bond with two sureties and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Instruments Act. The Court also directed the District Court to verify the petitioner’s criminal antecedents, stating the order would lapse if adverse findings emerged. The bail application was disposed of with the grant of bail.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act
- Whether the petitioner’s alleged involvement is merely false implication
- Whether the conditions imposed by the Court are sufficient to safeguard the investigation
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- false implication
- bail bond
- sureties
- Cr.P.C. Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25076 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- PALIGANJ District- Patna
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Lala Yadav @ Kanhaiya Lal Yadav @ Lal Ji S/o Late Bishwanath Yadav R/o
Vill. - Lalganj Sehra, P.S. - Paliganj, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan, Advocate.
For the Opposite Party/s : Mr. Ajit Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Paliganj P.S. Case No. 21 of 2026 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, as amended uptodate.
3. Allegation is of recovery of 35.625 litres of foreign
liquor from the possession of co-accused Manish Kumar.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the case. He has no concern either with the seized liquor or
trade of liquor in any manner. The liquor has been recovered
from the possession of co-accused Manish Kumar who was
apprehended on the spot. The petitioner has clean antecedent.
Patna High Court CR. MISC. No.25076 of 2026(2) dt.22-04-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and the fact that the alleged recovery of liquor is from
the possession of co-accused Manish Kumar who was
apprehended on the spot, the petitioner, above named, is
directed to be released on pre-arrest bail, in the event of his
arrest or surrender before the Court below within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each to the
satisfaction of learned District Court where the case is pending
in connection with Paliganj P.S. Case No. 21 of 2026, subject to
the condition as laid down under Section 438(2) of the Cr.P.C /
Section 482 (2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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