Patna High Court
Lalu Yadav @ Lalu PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Lalu Yadav was arrested on 11 August 2025 in connection with an excise case involving the alleged seizure of 100 litres of foreign liquor, alleged to be offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2018. The petitioner claimed he was falsely implicated, arguing that the liquor was seized from a vehicle and not from his conscious possession, and that the seizure list witnesses were police officers, thereby breaching Sections 103 and 105 of the BNSS. The prosecution opposed bail, citing four prior criminal antecedents of a similar nature, though the petitioner was already on bail for those matters. The court, after considering the submissions, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail bonds be accepted without delay pending verification.
Issues considered
- The petitioner is entitled to bail despite alleged offences under the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS affects the bail application.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 47
- BNSS — s. 103, 105
Subjects
- bail
- excise offence
- seizure
- criminal antecedent
- Bihar Prohibition and Excise Act
- BNSS
- Section 103
- Section 105
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37588 of 2026
Arising Out of PS. Case No.-558 Year-2025 Thana- Excise P.S. District- Nawada
======================================================
Lalu Yadav @ Lalu Prasad Son of Jagdeo Yadav Resident Of Village- Biraj Ps
-Rajauli District -Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Mr. Sheo Kumar Prasad, learned counsel for
the petitioner and Mr. Tapeshwar Sharma, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.08.2025 in connection with Excise P.S. Case No. 558 of
2025, F.I.R. dated 11.08.2025 for the offences punishable under
Section 30(a), 47 of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 100 liters of country made foreign
liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.37588 of 2026(2) dt.17-06-2026
2/3
been made from vehicle in question and as per allegation in the
FIR the petitioner escaped from the place of occurrence and co-
accused, namel, Mintu Kumar has disclosed the name of the
petitioner. He further submits that seizure list witnesses are
police personnel so there is non-compliance of Section 103 and
105 of BNSS. The petitioner is in custody since 11.08.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries four criminal antecedents other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, 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 learned Exclusive
Special Court Excise-2, Nawada in connection with Excise P.S.
Case No. 558 of 2025, subject to the following conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.37588 of 2026(2) dt.17-06-2026
3/3
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Suruchi/-
U T
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