Patna High Court
Lalit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petitioner's bail, subject to specified conditions.
Summary
Lalit Kumar Yadav was arrested in connection with a raid that uncovered 105 litres of country-made liquor, two motorcycles and raw materials, leading to charges under Section 111 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely a labourer, falsely implicated, and highlighted his disability, presenting a medical certificate. He also noted that his two prior criminal cases were unrelated to the present offence and that he had been in custody since 11‑10‑2025. The State opposed bail, but the court considered the facts, the petitioner’s disability, and his willingness to furnish a bail bond of Rs.10,000 with two sureties. The court granted bail subject to conditions regarding sureties, personal appearance, and verification of criminal antecedents, directing the trial court to accept the bail bond upon receipt of the deposit.
Issues considered
- Whether bail should be granted to the petitioner charged under Section 111 of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s disability and lack of prior similar offences justify the grant of bail.
- Whether the conditions imposed by the court for bail are lawful and appropriate.
Legislation cited
- B.N.S. — s. 111
Subjects
- bail
- illegal liquor
- prohibition
- excise
- disability
- criminal procedure
- Section 111
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89898 of 2025
Arising Out of PS. Case No.-430 Year-2025 Thana- BALIYA District- Begusarai
======================================================
Lalit Kumar Yadav Son of Late Ramanand Yadav Resident of village- Ward
no. 11, Pokhariya, Ps- Ballia, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Randhir Kumar No 1, Advocate
For the Opposite Party/s : Mr. Md. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 08-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Ballia P.S. Case No. 430 of 2025 registered
for the offence(s) punishable under Section 111 of B.N.S.
and under Section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution case, the police received
a tip-off that one Mohan Yadav was running an illegal
country-made liquor brewery near a government drain.
Acting on the said information, the police conducted a raid
and apprehended one person, who disclosed his name as
Lalit Kumar Yadav (the petitioner). Upon search, 105 litres
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of country-made liquor, two motorcycles and certain raw
materials were recovered.
4. The learned counsel for the petitioner submits
that the petitioner has been falsely implicated in the present
case and was merely working as a labourer at the said place
and he was the only person apprehended during the raid. It
is further submitted that the petitioner has no concern
whatsoever with the recovered liquor and he is neither the
owner nor the operator of the alleged brewery. Lastly, the
learned counsel submits that the petitioner is a person with
disability and the relevant certificate has been brought on
record by way of Annexure-P/2. The petitioner has two
criminal cases which are not of similar nature and he is in
custody since 11.10.2025.
5. The petitioner is willing and undertakes to
deposit a sum of Rs. 2,500/- in the account of Lawyers’
Association Welfare Benevolent Fund, bearing Account No.
7801893276, IFSC Code: IDIB000L501, Indian Bank,
LNMI Branch, Bailey Road, Patna.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
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7. Regard being had to the facts and circumstances
of the case, 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 court below where the case is
pending/successor court in connection Ballia P.S. Case No.
430 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the court
concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned 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
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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.
8. The bail bond of the petitioner shall be accepted
by the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Lawyers’ Association Welfare
Benevolent Fund.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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