Patna High Court
Lal Babu singh @ Lal Bahadur SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, a co‑driver of a truck, was arrested after police recovered 767.558 litres of illicit foreign liquor and charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He contended that he had no knowledge of the liquor, nothing was found in his possession, and the seizure violated Section 105 of the B.N.S.S. He also highlighted his clean record and that he had been in judicial custody since 29‑01‑2026. The State opposed the bail application. After hearing both sides, the High Court found the circumstances sufficient to grant regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Exclusive Special Excise Judge‑II, Khagaria.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure affects the bail claim.
- Whether the petitioner’s role as co‑driver and lack of knowledge of the illicit liquor justify bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- B.N.S.S. — s. 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- seizure
- co‑driver
- Section 30(a)
- Section 105
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28504 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- MAHESHKHUNT District- Khagaria
======================================================
Lal Babu singh @ Lal Bahadur Singh Son of Late Shankar Singh Resident Of
Village- Champasari, Ward No 46, Ps -Pradhan Nagar, District- Darjlieling,
West Bengal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Ankita Singh
For the Opposite Party/s : Mr.Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act.
3. The case of the prosecution, in short is that from a
truck, altogether 767.558 liters of illicit foreign liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. He is merely the co-driver
of the said truck. He was having no knowledge regarding the
alleged liquor. Nothing has been recovered from his possession. It
Patna High Court CR. MISC. No.28504 of 2026(2) dt.05-05-2026
2/2
has further been submitted that the witnesses of the seizure list
are police personnel. Police has not complied Section 105 of the
B.N.S.S. while making the seizure. Petitioner is having no
criminal antecedent and he is languishing in judicial custody
since 29.01.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Maheshkhunt P.S. Case No. 15 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Judge-II, Khagaria.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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