Patna High Court
Lalu Yadav @ Sourav SumanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court conditioned the grant of pre‑arrest bail on verification of the vehicles' registration and the petitioner’s criminal antecedent, disposing the bail application pending those reports.
Summary
Petitioner Lalu Yadav applied for pre‑arrest bail in a case where 203.250 litres of illicit liquor were seized from a Tata Mazic vehicle and a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no connection with the arrested co‑accused or the seized vehicles and asserted a clean criminal record. The State opposed the bail. The High Court noted the petitioner’s claim of no involvement and directed the District Court to obtain a report from the District Transport Officer to verify the authenticity of the vehicle registrations and to check the petitioner’s criminal antecedent. The Court held that if the vehicles are found to be legitimately registered and the petitioner has no adverse antecedent, he may be released on pre‑arrest bail on terms the District Court deems fit. The bail application was disposed of pending those verifications.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner has any connection with the seized vehicles or the alleged illegal liquor trade.
- Whether verification of vehicle registration and the petitioner’s criminal antecedent is necessary before granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- pre‑arrest bail
- illegal liquor
- Bihar Prohibition and Excise Act
- vehicle registration verification
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30383 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- ANTICHAK District- Bhagalpur
======================================================
Lalu Yadav @ Sourav Suman S/o Siyaram Yadav R/o Village- Ramjanipur,
P.S.- Shivnarayanpur, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Diwakar Upadhyaya, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard Mr. Diwakar Upadhyaya, learned counsel
appearing on behalf of the petitioner and Mr. Rana Randhir
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Antichak P.S. Case No. 12 of 2026 registered for the
offence(s) punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, 203.250
litres of illicit liquor was recovered from a Tata Mazic vehicle
bearing Registration No.BR10P2784 and one motorcycle
bearing Registration No.BR10AV2270 was also seized from the
place of occurrence.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
Patna High Court CR. MISC. No.30383 of 2026(2) dt.13-05-2026
2/3
been implicated in the present case. It has been specifically
stated in paragraph nos. 8 and 9 of the petition that the petitioner
has no connection either with the accused persons, who were
allegedly arrested on the spot and disclosed the petitioner’s
name, or with the vehicle seized in connection with the alleged
occurrence. Petitioner has clean antecedent. On these grounds,
the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR, I find that specific information has been given
in paragraphs no.8 and 9 of the bail petition that petitioner has
no connection either with the accused persons, who were
allegedly arrested on the spot and disclosed the petitioner’s
name, or with the vehicles seized in connection with the alleged
occurrence. Petitioner has clean antecedent.
7. Learned District Court is directed to obtain report
from the District Transport Officer, Bhagalpur in respect of the
two vehicles involved in the alleged illegal trade of liquor. The
District Transport Officer must forthwith send the report to the
learned District Court concerned. If, upon consideration of the
Patna High Court CR. MISC. No.30383 of 2026(2) dt.13-05-2026
3/3
report, the learned District Court is satisfied that the two
vehicles bear genuine registration numbers and that the names
of the respective owners are duly reflected on the basis of the
registration numbers, chassis numbers, and engine numbers of
the said vehicles, then, in such circumstances, the petitioner
named above shall be released on pre-arrest bail on such
terms and conditions, as the learned District Court deems it
fit and proper.
8. The learned 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 paragraph no.3 of the bail application, this order will
automatically lose its force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
Sanjay/-
U T
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