Patna High Court
Lalbabu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, Lalbabu Ray and Vigan Ray, sought anticipatory bail fearing arrest in a case (Chiraiya PS Case No.102 of 2022) involving alleged offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, with 40 litres of illicit liquor recovered. They contended they had no possession of the liquor and were implicated only through a watchman's disclosure, despite having two prior criminal antecedents for which they were on bail. The State opposed bail, emphasizing the petitioners' prior offences under the Excise Act. The High Court, after hearing both sides, declined to grant anticipatory bail, noting the circumstances and antecedents, but directed that if the petitioners surrender within four weeks, the trial court should promptly decide their surrender‑cum‑bail application on merits. The order thus rejected the anticipatory bail petition while providing a procedural direction for surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Sections 272, 273 IPC and Section 30(a) Bihar Prohibition and Excise Act, 2016 given the recovery of illicit liquor and their prior criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- illicit liquor
- excise law
- IPC 272
- IPC 273
- bail
- criminal antecedents
- special excise court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22664 of 2026
Arising Out of PS. Case No.-102 Year-2022 Thana- CHIRAIYA District- East Champaran
======================================================
1. Lalbabu Ray Son of Yogendra Ray R/o Village - Bela Ghat, P.S. -
Chiraiya(Sikarganj), Dist. - East Champaran, Motihari.
2. Vigan Ray Son of Late Ramswrup Ray R/o Village - Bela Ghat, P.S. -
Chiraiya(Sikarganj), Dist. - East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
Mr. Dhandev Kumar, Advocate
Ms. Isha Mishra, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners are apprehending arrest in
connection with Chiraiya (Sikarganj) P.S. Case No. 102 of 2022
lodged on 23.02.2022, for the offence punishable under Sections
272 & 273 of the Indian Penal Code and section 30(a) of the
Bihar Prohibition and Excise Act, 2016, pending in the Court of
Exclusive Special Excise Court No.3, East Champaran,
Motihari.
3. As per the prosecution, FIR has been lodged against
Patna High Court CR. MISC. No.22664 of 2026(2) dt.16-04-2026
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three named accused persons including the present petitioners.
Total recovery of 40 litres of illicit liquor has been made, which
is the subject matter of the present case.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that nothing has been recovered from the
conscious possession of the petitioners. Counsel submits that the
names of the petitioners have figured in this case only by virtue
of the disclosure made by a local watchman. Counsel further
submits that the petitioners have two criminal antecedents in
which, they are on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioners and submits that the petitioners have two
criminal antecedents and both are registered under the Excise
Act and this aspect must be taken into consideration.
6. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioners. Accordingly,
the prayer for anticipatory bail of the petitioners stand rejected.
7. However, if petitioners surrender before the
concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on
their surrender-cum-bail application on the same day, without
Patna High Court CR. MISC. No.22664 of 2026(2) dt.16-04-2026
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being prejudice that the anticipatory bail of the petitioners have
been rejected by this Court and the Trial Court shall pass order
on the merit of this case.
(Dr. Anshuman, J)
Divyansh/-
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