Lalit Kumar Yadav v. The State Of Bihar
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 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
2/4 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
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