Patna High Court

Lallu Yadav @ Lalu YadavversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner, subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Lallu Yadav, sought anticipatory bail fearing arrest in a case (Amba P.S. Case No. 138 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 270 litres of liquor were recovered from two motorcycles. He contended that he was neither the owner nor the driver of the vehicles and was falsely implicated, asserting that no prima facie case existed against him and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, had not been complied with. The State opposed the bail, arguing the seriousness of the offence. The Court examined the allegations, the lack of direct involvement, and the procedural lapse, and decided to grant anticipatory bail subject to a bond of Rs. 15,000 and two sureties, with conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order required the petitioner to surrender within six weeks if arrested and to comply with the bail conditions.

Issues considered

Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner is prima facie implicated in the alleged liquor seizure.
Whether the procedural requirement of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, has been complied with.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91644 of 2025
                      Arising Out of PS. Case No.-138 Year-2025 Thana- AMBA District- Aurangabad
                 ======================================================
                 Lallu Yadav @ Lalu Yadav S/o Vilash Yadav R/o village- Mahulaniya, P.S-
                 Chakarandha/ Chhakarbandha, District- Gaya

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mukul Kumari, Advocate
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Amba P.S. Case No. 138 of 2025, G.R. No. 508 of 2025

                   instituted for the offences under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 270 litres

                   of liquor was recovered from two motorcycles.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case.

                   Learned counsel further submitted that petitioner is neither the

                   owner nor the driver of the vehicles in question. The petitioner

                   has got no concern with the alleged recovery of liquor. Learned
           Patna High Court CR. MISC. No.91644 of 2025(2) dt.19-01-2026
                                                       2/2




                     counsel, therefore, submitted that prima-facie, no case is made

                     out against the petitioner. The petitioner has one criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023.

                                 5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner above named, in the event of

                     arrest/surrender before the learned Court below within a period

                     of six weeks from today, be released on anticipatory bail on

                     furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

                     with two sureties of the like amount each to the satisfaction of

                     Court below/concerned Court in connection with Amba P.S.

                     Case No. 138 of 2025, G.R. No. 508 of 2025, subject to the

                     conditions as laid down under Section 482(2) of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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