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Patna High Court

Lalu Yadav @ Sourav SumanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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