Patna High Court
Ladle BabuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner subject to bond and conditions.
Summary
Ladle Babu was arrested in connection with the seizure of 51.45 litres of Nepali liquor, of which 12.75 litres were recovered from a motorcycle. He contended that he was merely a passer‑by, had no ownership or conscious possession of the liquor, and possessed no criminal antecedents. The petitioner also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, but the court, noting the lack of incriminating material against the petitioner and the period of custody already endured, decided to grant bail. The court ordered the petitioner to furnish bail bonds of Rs 15,000 with two sureties, one of whom must be a close family member, and to appear on every trial date, with cancellation of bail on two consecutive defaults.
Issues considered
- Whether the petitioner is entitled to bail despite the seizure of liquor under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail
- Whether the petitioner’s lack of prior criminal record and absence of incriminating material in his possession justify bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2200 of 2026
Arising Out of PS. Case No.-183 Year-2025 Thana- Pachpakdi District- East Champaran
======================================================
Ladle Babu S/O Md. Jamshaid Alam R/O Village- Sugiya, P.S- Sheohar,
Distt.- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, A.P.P.
======================================================
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 seeks bail in connection with
Pachpakari P.S. Case No. 183 of 2025, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 51.45
liters of Nepali liquor was recovered out of which 12.750 litres
liquor was recovered from the motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner is
Patna High Court CR. MISC. No.2200 of 2026(2) dt.19-01-2026
2/2
not the owner of the vehicle rather he was passersby of the way
and has become victim of circumstances. The petitioner is in
custody since 25.11.2025 and has got no criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
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 and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on 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 Pachpakari P.S.
Case No. 183 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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