Patna High Court
Lal Kishor Yadav @ Lal Kishor KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Lal Kishor Yadav, sought anticipatory bail after learning that a case had been registered against him under Sections 274 and 275 of the Bhartiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 100 litres of illicit liquor from a riverbank. The prosecution’s case relied on the confessional statement of a co‑accused who was apprehended at the spot, while no incriminating material was found in the petitioner’s possession. The petitioner argued that he had no connection with the recovered liquor and that the charge was based solely on the co‑accused’s statement, despite having a prior similar charge for which he was on bail. The State opposed the bail application. The Court, considering the nature of the accusation, the place of recovery, and the lack of direct evidence against the petitioner, allowed the anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted when the accusation is based solely on a co‑accused’s confessional statement and no material is found in the petitioner’s possession
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita empowers the court to grant anticipatory bail in such circumstances
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- confessional statement
- Section 274
- Section 275
- excise law
- bail bond
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43586 of 2026
Arising Out of PS. Case No.-541 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
Lal Kishor Yadav @ Lal Kishor Kumar S/o Dhurup Lal Yadav @ Dhuplal
Ray R/o Village - Chailaha Amwa, P.S - Banjariya, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Sections 274 and 275 of Bhartiya
Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, 100 litres illicit liquor was
recovered from the bank of river.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
merely on the basis of confessional statement of co-accused
who was apprehended on the spot. Petitioner has got one
criminal antecedent of similar in nature in which he is on bail.
Patna High Court CR. MISC. No.43586 of 2026(2) dt.07-07-2026
2/2
5. Learned A.P.P. for the State opposed the bail
application.
6. Considering the nature of accusation, place of
recovery, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge, Excise
Court No.-1, East Champaran in connection with Banjariya P. S.
Case No. 541 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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