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Patna High Court

Lalbabu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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