Lal Singh @ Lal Singh Yadav v. The State Of Bihar
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 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
Patna High Court CR. MISC. No.37652 of 2026(2) dt.01-07-2026 2/3 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 prearrest 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,
Patna High Court CR. MISC. No.37652 of 2026(2) dt.01-07-2026 3/3 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