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Patna High Court

Lalit Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.89898 of 2025(2) dt.08-01-2026
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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.
Patna High Court CR. MISC. No.89898 of 2025(2) dt.08-01-2026
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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
           Patna High Court CR. MISC. No.89898 of 2025(2) dt.08-01-2026
                                                       4/4




                     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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