Patna High Court

Lalbabu RayversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the BNSS.

Summary

Lalbabu Ray was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 600 litres of liquor from the bank of Nurddinganj Ghat, a public place. He applied for anticipatory bail, asserting a clean criminal record and that the alleged liquor was not in his possession nor on his private property. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs. 500 bail bond with two sureties and directed the trial court to verify the petitioner’s antecedent. If any prior case is found, the bail will not be confirmed; if the petitioner is found to have a clean record, the bail will be confirmed. The order is subject to the provisions of Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act
Whether the petitioner’s alleged involvement, given lack of possession and public location of the alleged liquor, warrants bail

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
clean antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26638 of 2026
                      Arising Out of PS. Case No.-156 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Lalbabu Ray Son of Sanjivan Ray @ Sajivan Rai R/O - Nurudinganj, P.S.-
                 Malsalami, Distt.- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mithilesh Kumar Arya
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Chandra Bhushan Prasad.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 600 litres of liquor from bank of Nurddinganj Ghat.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and he came to be implicated

                   at the instance of local people, but then the name of the person,
Patna High Court CR. MISC. No.26638 of 2026(2) dt.23-04-2026
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          who disclosed the name of the petitioner, is not disclosed in the

          FIR, which casts an aspersion on the case of the prosecution,

          when petitioner has not been implicated based on secret

          information.

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

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned

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

          event of his arrest or surrender within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Malsalami P.S. Case No. 156 of 2026, subject

          to the conditions as laid down under Section 482(2) of the

          BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.26638 of 2026(2) dt.23-04-2026
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                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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