Patna High Court
Lalu @ Samiullah Khan @ Shamullah Khan @ Lalu KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to the conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Lalu Khan, was charged under Sections 274 and 275 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016 for allegedly participating in a liquor‑smuggling operation in which 1,645.704 litres of foreign liquor were seized. The police did not apprehend the petitioner at the scene and no incriminating material was recovered from him. The petitioner claimed innocence, argued that he was falsely implicated, and pointed to the grant of anticipatory bail to co‑accused in a similar case. The State contended that the petitioner is a habitual offender, citing six prior similar cases, five of which he is already on bail. Considering the lack of direct recovery, the petitioner’s custody since 13‑03‑2026, and the circumstances, the court ordered his release on bail with a bond of Rs.10,000 and specific conditions, including presence in court and a close relative as a surety.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of involvement in liquor smuggling under the Bharatiya Nyaya Sanhita and the Bihar Prohibition & Excise Act.
- Whether the petitioner’s alleged habitual offender status and prior similar cases preclude the grant of bail.
- Whether the absence of any seizure or incriminating material from the petitioner justifies his release on bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275 r/w 3(5), 480(3)
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
Subjects
- bail
- liquor smuggling
- excise law
- habitual offender
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bihar Prohibition & Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30325 of 2026
Arising Out of PS. Case No.-220 Year-2024 Thana- DEWARIA District- Muzaffarpur
======================================================
Lalu @ Samiullah Khan @ Shamullah Khan @ Lalu Khan S/O Shamim Alam
@ Samim Alam R/O Village- Budanpur @ Budhanpur @ Kudhanpur, P.S-
Dewariya, Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Deoria P.S. Case No. 220 of 2024 registered for
the alleged offences under Sections 274, 275 r/w 3(5) fo
Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar
Prohibition & Excise Act, 2016.
03. As per prosecution case, police received secret
information about co-accused persons bringing a consignment
of liquor and offloading it from a truck to a Scorpio vehicle and
raiding team reached the spot, some persons fled away from
there and recovery 1645.704 liters of foreign liquor was made
from the Scorpio vehicle and the nearby place. The name of the
Patna High Court CR. MISC. No.30325 of 2026(2) dt.11-05-2026
2/3
petitioner transpired during investigation for also being involved
in the said occurrence.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner was not apprehended from the spot and
nothing incriminating has been recovered from his person or
possession. The petitioner has no concern with the seized liquor
or the vehicle or the place from where the seizure has been
shown. Learned counsel further submits that similarly placed
co-accused Golu Kumar along with co-accused Amod Kumar
have been granted anticipatory bail by a learned Co-ordinate
Bench vide order dated 06.03.2025 passed in Criminal Misc.
No. 3747 of 2025. The petitioner is having antecedent of six
cases of similar nature and he is on bail in five such cases. The
petitioner is in custody since 13.03.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that the
petitioner appears to be a habitual offender.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
fact that the petitioner was not apprehended form the spot and
no recovery has been shown from him and also considering the
Patna High Court CR. MISC. No.30325 of 2026(2) dt.11-05-2026
3/3
period of custody of the petitioner, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, Excise Court
No.II, Muzaffarpur/court concerned in connection with Deoria
P.S. Case No. 220 of 2024, subject to the conditions mentioned
in Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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