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Patna High Court

Lala Yadav @ Kanhaiya Lal Yadav @ Lal JiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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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