Patna High Court
Prahalad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, subject to a Rs. 10,000 bond, two sureties, and the condition of depositing Rs. 25,000 in a specified charitable institution.
Summary
The petitioner, Prahalad Yadav, sought relief from imminent arrest in a case involving alleged possession of 150 litres of illicit liquor and charges under various sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Amendment Act, 2022. He claimed innocence and asserted that he had been falsely implicated. The petitioner offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The court considered the bail application under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the relevant Bihar statute. Finding no substantive reason to deny bail, the court allowed the application, directing release on a bail bond of Rs. 10,000 with two sureties, subject to the condition of depositing the charitable amount and producing receipt. The bail bonds are to be verified for authenticity before acceptance.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) CrPC and Section 482 of the applicable Bihar statute despite the serious nature of the charges.
- Whether the petitioner’s offer to donate Rs. 25,000 without admission of guilt can be imposed as a condition for bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 315, 318(3), 318(4), 336(3), 338, 3(5), 482
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- Section 438 CrPC
- Section 482
- illicit liquor
- false implication
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Amendment Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34097 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- KAUWAKOL District- Nawada
======================================================
Prahalad Yadav S/O Suresh Yadav Resident of Village- Madhurapur, P.S.
Kawakol, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Ranjan Kumar
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Kauakol P.S. Case No. 113 of 2026 registered
for the offence under Sections 315, 318(3), 318(4), 338, 336(3),
3(5) of the BNS and under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. As per the prosecution case, the recovery is of
150 liters of illicit liquor.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case.
5. Learned counsel for the petitioner submits that
the petitioner is ready to donate Rs. 25000/- in some charitable
Patna High Court CR. MISC. No.34097 of 2026(2) dt.03-07-2026
2/2
organization without accepting his guilt.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 learned concerned
Court below in connection with Kauakol P.S. Case No. 113 of
2026, subject to the conditions laid down in Section 438(2) of
the Code of Criminal Procedure, 1973 / Section 482 of the
BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Math, Village Jharha (near Matua Pahar), Halka
Chilore, P.O. Gurua, Dist. Gayaji, Bihar 824205 and produce the
receipt of the same before the Court below. The bail bonds of
the petitioner shall be accepted after verifying the genuineness
of the receipt produced by the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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