Lalu Yadav @ Lalu Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37588 of 2026 Arising Out of PS. Case No.-558 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Lalu Yadav @ Lalu Prasad Son of Jagdeo Yadav Resident Of Village- Biraj Ps -Rajauli District -Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-06-2026 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner and Mr. Tapeshwar Sharma, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 11.08.2025 in connection with Excise P.S. Case No. 558 of 2025, F.I.R. dated 11.08.2025 for the offences punishable under Section 30(a), 47 of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 100 liters of country made foreign liquor.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.37588 of 2026(2) dt.17-06-2026 2/3 been made from vehicle in question and as per allegation in the FIR the petitioner escaped from the place of occurrence and coaccused, namel, Mintu Kumar has disclosed the name of the petitioner. He further submits that seizure list witnesses are police personnel so there is non-compliance of Section 103 and 105 of BNSS. The petitioner is in custody since 11.08.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries four criminal antecedents other than the present one of similar nature but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances, 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 Exclusive Special Court Excise-2, Nawada in connection with Excise P.S. Case No. 558 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.37588 of 2026(2) dt.17-06-2026 3/3 reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the 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 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.
(Rajesh Kumar Verma, J) Suruchi/- U T