Patna High Court

Lal Babu Sah @ Lal Babu SahuversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that anticipatory bail should be granted as there is no prima facie case against the petitioner and the statutory conditions for denial of bail under Section 103 are not met.

Summary

The petitioner, Lal Babu Sah, sought anticipatory bail fearing arrest in a case (Jokihat P.S. Case No. 294 of 2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 150.48 litres of liquor in his vehicle. The prosecution claimed the liquor was recovered from the vehicle, while the petitioner contended he was merely the owner of the vehicle and had no knowledge of the contraband, asserting no criminal antecedent and that Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, was not complied with. The State opposed the bail. The court examined the prima facie evidence and found no sufficient case against the petitioner, noting the lack of knowledge and the statutory requirements for bail. Consequently, the court granted anticipatory bail subject to a bond of Rs.15,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023. The order directed the petitioner to surrender within six weeks if arrested.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the prosecution has established a prima facie case against the petitioner.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 justifies denial of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
vehicle owner
prima facie case
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.170 of 2026
                        Arising Out of PS. Case No.-294 Year-2025 Thana- JOKIHAT District- Araria
                 ======================================================
                 Lal Babu Sah @ Lal Babu Sahu S/O Late Kari Sah Resident Of Village-
                 Laxmipur, Police Office- Noor Chowk, Police Station- Bisfi, District-
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :        Ms. Asha Kumari, APP
                 ======================================================
                 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 apprehends his arrest in connection

                   with Jokihat P.S. Case No. 294 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 150.48

                   litres of liquor has been recovered from Bolero.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. It is

                   further submitted that the name of the petitioner has transpired

                   as being the owner of the vehicle in question and has no

                   knowledge regarding the goods loaded in the vehicle. Petitioner
           Patna High Court CR. MISC. No.170 of 2026(2) dt.19-01-2026
                                                       2/2




                     has no concern with the alleged recovery. Learned counsel,

                     therefore, submitted that prima-facie, no case is made out

                     against the petitioner.             The petitioner has no criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika 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, let the petitioner, above named, in the event of

                     arrest/surrender before the lower court within a period of six

                     weeks from today, be released on anticipatory 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 Jokihat P.S. Case No.

                     294 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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