Patna High Court
Lalbabu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioners subject to specified conditions.
Summary
Lalbabu Yadav and Baliram Yadav were arrested on 24 March 2026 in connection with a case alleging the recovery of 24.090 litres of English wine from behind their house, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. The petitioners sought bail, claiming a clean antecedent and that they were implicated merely on suspicion. The State opposed the bail, arguing the seriousness of the alleged contravention. After hearing both sides, the court granted bail on a bond of Rs.10,000 each with two sureties, imposing conditions of cooperation, regular appearance, non‑tampering with evidence, and verification of criminal antecedent. The order also empowered the prosecution to move for cancellation of bail if any condition is breached.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
- Whether the facts and circumstances of the case justify the grant of bail despite the alleged recovery of liquor.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- Section 30(a)
- Bihar
- suspicion
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32171 of 2026
Arising Out of PS. Case No.-89 Year-2026 Thana- RASULPUR District- Saran
======================================================
1. Lalbabu Yadav Son of Bhagelu Yadav Resident of Village - Banshi Chapra,
P.S.- Rasulpur, District - Saran.
2. Baliram Yadav Son of Uttam Yadav Resident of Village - Banshi Chapra,
P.S.- Rasulpur, District - Saran.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjay Mishra
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Mr. Dhananjay Mishra, learned counsel for
the petitioners and Mr. Manoj Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioners seek bail who are in custody since
24.03.2026 in connection with Rasulpur P.S. Case No. 89 of
2026 for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act.
3. The case of the prosecution, in short, is that the
allegation against the petitioners is of recovery of 24.090 liters
of English wine from behind the house of the petitioners.
4. Learned counsel for the petitioners submits that
petitioners have clean antecedent and it appears from the FIR
Patna High Court CR. MISC. No.32171 of 2026(2) dt.08-05-2026
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that petitioners have been made accused in the present case on
the basis of suspicion and recovery of 24.090 liters of English
wine has been made from behind the house of the petitioners. It
is next submitted that the petitioners have no role at all with the
alleged recovery of liquor and petitioners are in custody since
24.03.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the 2nd
learned Exclusive Special Judge, Saran at Chapra in connection
with Rasulpur P.S. Case No. 89 of 2026, subject to the following
conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
Patna High Court CR. MISC. No.32171 of 2026(2) dt.08-05-2026
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move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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