Patna High Court
Lalish Yadav @ Let KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioner is entitled to anticipatory bail subject to the conditions prescribed under the Bihar Narcotic Substances (Suppression) Act, 2023.
Summary
The petitioner, Lalish Yadav, faced possible arrest in connection with a case involving 100 litres of illicit liquor, alleged under sections 37 and 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution’s FIR named five accused, including the petitioner, but no liquor was recovered from his possession; the recovery was from a wheat field and the petitioner’s name was supplied by hostile villagers. The petitioner asserted innocence, a clean criminal record, and argued that the allegations were unfounded. The State opposed bail, but the Court considered the lack of direct possession, the hostile source of the accusation, and the petitioner’s clean antecedent. Consequently, the Court granted anticipatory bail, subject to a Rs 30,000 bond under Section 2(1)(d) of the Bihar Narcotic Substances (Suppression) Act, 2023, and conditions under Section 482(2) of the same Act, directing the trial court to verify any concealed criminal antecedents.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the circumstances justify granting bail despite the prosecution’s allegations
Legislation cited
- Bihar Narcotic Substances (Suppression) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 37
Subjects
- anticipatory bail
- illicit liquor
- prohibition law
- excise law
- criminal procedure
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32996 of 2026
Arising Out of PS. Case No.-105 Year-2026 Thana- NOORSARAI District- Nalanda
======================================================
Lalish Yadav @ Let Kumar Son of Brind Yadav Resident of Village -
Malbigha, Police Station - Noorsarai, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritesh Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Noorsarai P.S. Case No. 105 of 2026 lodged on
19.02.2026, for the offence punishable under sections 37 &
30(a) of the Bihar Prohibition and Excise (Amendment) Act,
2022.
3. As per the prosecution, FIR has been lodged against
five named accused persons including the present petitioner.
Total recovery of 100 litres of illicit liquor has been made,
which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
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submits that nothing has been recovered from the conscious
possession of the petitioner and the alleged recovery has been
made from the field of wheat. Counsel further submits that the
name of the petitioner has come in this case only on the basis of
disclosure made by local villagers who have inimical terms with
the petitioner. He further submits that the petitioner has clean
antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the Trial Court within a
period of 4 weeks from today, on furnishing bail bond of
Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section
2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Special Judge
Excise-II, Biharsharif, Nalanda, in connection with Noorsarai
P.S. Case No. 105 of 2026, subject to the conditions as laid
down U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
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bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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