Lalbabu SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2828 of 2026
                 Arising Out of PS. Case No.-500 Year-2025 Thana- CHHATAUNI District- East Champaran
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                 Lalbabu Sah S/o- Late Jyotik Sah @ Narayan Sah R/v- Mathiya Ward No 7,
                 Dhaka Ps-Chhatauni District- East Chamapran
                                                                          ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr.Rajesh Kumar, Advocate
                 For the Opposite Party/s :      Mr.Akbar Ali, A.P.P.
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                 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

                   Chhattauni P.S. Case No. 500 of 2025, instituted for the offences

                   punishable under Sections 30(a) and 41(1) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 213

                   liters of Nepali liquor was recovered from the house.

                                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. Learned counsel

                   for the petitioner further submitted that the recovery has been
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          made from joint house of the petitioner, where other family

          members also reside. The name of the petitioner has been

          disclosed by the local people. The petitioner is in custody since

          13.11.2025 and has got nine criminal antecedents. 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, after framing

          of charge, if not already framed, 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 Chhattauni P.S. Case No. 500 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
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                     bail bonds of the petitioner.

                                  (III) If the petitioner is found involved in similar

                     nature of offence in future, the Trial Court will have the liberty

                     to cancel the bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T