Patna High Court
Lal Singh @ Lal Singh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner, subject to a bond, sureties, and verification of antecedents under Section 482(2) of the CrPC.
Summary
The petitioner, Lal Singh, sought pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 10.125 litres of illicit liquor recovered from a motorcycle registered in his name. He contended that the vehicle was being driven by a friend, that the liquor was not his, and that he had a clean criminal record. The State opposed the bail, arguing the seriousness of the offence. The court noted that the motorcycle was parked in an open public place, the petitioner had no prior convictions, and the State had not effectively implemented its liquor policy. Accordingly, the court directed that the petitioner be released on pre‑arrest bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to verification of his antecedents and compliance with Section 482(2) of the CrPC. The bail application was disposed of.
Issues considered
- Whether pre‑arrest bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged illicit liquor was seized from a vehicle registered in the accused's name.
- Whether the petitioner’s clean antecedent and the open‑place seizure justify the grant of bail.
- Whether the conditions under Section 482(2) of the CrPC apply to the bail order.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- vehicle registration
- illegal liquor
- Section 482(2)
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37652 of 2026
Arising Out of PS. Case No.-100 Year-2024 Thana- SHERGHATI District- Gaya
======================================================
Lal Singh @ Lal Singh Yadav, S/o Harendra Singh @ Harenda Singh, R/o
village- Kamat, P.S- Sherghati, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 01-07-2026 Heard Mr. Vinod Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Abhay Kumar,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Sherghati (Dobhi) P.S. Case No. 100 of 2024 registered for
the offence punishable under Sections 30 (a) of the Bihar
Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 10.125 litres illicit
liquor from a motorcycle bearing Registration No.
BR02AE0849 belonging to the petitioner, which was parked on
the road.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner has been falsely
implicated in the present case simply because the vehicle from
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which the illicit liquor was recovered, is registered in his name,
however, the same was being driven by his friend. The vehicle
was parked on the road, which is an open place and easily
accessible to anyone. Petitioner has no concern with the alleged
seized liquor nor he is involved in trade of liquor in any manner.
Petitioner has clean antecedent. On these grounds, petitioner
seeks to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR and the seizure memo, the motorcycle was parked on
the road, which is an open place and easily accessible to anyone
and the petitioner has clean antecedent and also the fact that the
State has failed to implement its liquor policy in its true spirit,
the petitioner, above named, is directed to be released on pre-
arrest bail, in the event of his/her arrest or surrender before the
learned District Court within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned District Court where the case is pending, in
connection with Sherghati (Dobhi) P.S. Case No. 100 of 2024,
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subject to the condition as laid down under Section 482(2) of
the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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