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Patna High Court

Lalu Kumar @ Lalu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and sureties.

Summary

The petitioner, Lalu Kumar, was arrested in connection with alleged offences under Sections 30(a)(e)(4) and 33 of the Bihar Excise Act for the purported recovery of 525 litres of spirits from a van. He has seven prior cases under the Excise Act and has been in custody since 22‑12‑2025. The petitioner argued that he was not caught in possession, was not the owner of the vehicle, and was implicated solely on secret information without a proper investigation, and therefore should be granted bail. The State opposed the bail on the ground of the seriousness of the offence and the petitioner’s prior record. The High Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS.

Issues considered

  • Whether bail should be granted to the accused in an excise case involving alleged large‑scale seizure and prior offences.
  • Whether the investigation leading to the accusation was sufficient to deny bail.

Legislation cited

Subjects

  • bail
  • excise offence
  • seizure of spirits
  • secret information
  • prior criminal record
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16194 of 2026
                      Arising Out of PS. Case No.-426 Year-2023 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Lalu Kumar @ Lalu Rai S/O Upendra Rai R/O Village-Yusufpur,
                 Khanjahachak @ Khanjaha Chowk, P.S- Lalganj, District- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prasoon Kumar, Advocate
                 For the Opposite Party/s :       Mr. Surendra Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 30(a) (e) (4) and 33 of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases under the Excise Act

                   and allegation is of recovery of 525 liters of spirits from a van.

                                4. Learned counsel for the petitioner submits that the

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and is not the

                   owner of the seized vehicle and came to be implicated based on

                   secret information which is the easiest way to implicate

                   someone. It is also submitted that once an accused is implicated
            Patna High Court CR. MISC. No.16194 of 2026(2) dt.16-04-2026
                                                        2/2




                      in a case relating to excise, the police starts implicating

                      mechanically either at the instance of Chowkidar, local person,

                      confessional statement or secret information without holding a

                      proper investigation. It is also submitted that petitioner is in

                      custody since 22.12.2025. It is further submitted that if privilege

                      of bail is granted, the petitioner will not abscond rather will

                      cooperate in the trial to prove his innocence.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, is

                      directed to be released on bail on furnishing bail bonds of Rs.

                      5000/- (Rupees Five Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Trial Court where

                      the case is pending/successor court in connection with Lalganj

                      P.S. Case No. 426 of 2023 subject to the conditions as laid down

                      under Section 482 (2) of the BNSS.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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