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Patna High Court

Md. Lalu Mian @ Lalu MianversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and compliance with conditions under Section 480(3) of the BNSS.

Summary

The petitioner, Md. Lalu Mian, was arrested after 5 litres of illicit country-made liquor were recovered near his cowshed and was charged under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. He pleaded innocence, claiming no conscious possession of the liquor and asserted that he had been falsely implicated, while noting that he has four prior cases and has been in custody since 30‑03‑2026. The State opposed his bail application. The Court, after considering the facts, the quantity of liquor seized, and the period of custody, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety requirements. The bail order also stipulated attendance at all court dates and cancellation of bail upon three consecutive absences or violation of conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 considering the quantity of liquor seized and the accused’s prior criminal record.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • Section 30(a)
  • criminal procedure
  • court conditions

Judgment

                                                             \


                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30389 of 2026
                        Arising Out of PS. Case No.-77 Year-2026 Thana- Pahelja P.S. District- Saran
                 ======================================================
                 Md. Lalu Mian @ Lalu Mian S/o Marhum Jahur Miyan Resident of Village -
                 Kharika, P.s. - Pahleja, District - Saran.

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Prabhakar Singh, Advocate
                 For the Opposite Party/s :          Mr. Parmanand Kumar, 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 Pahelja P.S. Case No. 77 of 2026 registered for

                   the alleged offences under Section 30(a) of the Bihar Prohibition

                   & Excise Act, 2016.

                                03.     As     per     prosecution        case,      petitioner        was

                   apprehended when 5 liters of country made chulai liquor was

                   recovered from the place near the cowshed of the petitioner.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this case.

                   No recovery has been made from the conscious possession of the

                   petitioner. The petitioner has no concern with the place from

                   where the recovery has been made. Learned counsel further

                   submits that the petitioner is having antecedent of four cases and
           Patna High Court CR. MISC. No.30389 of 2026(2) dt.11-05-2026
                                                       2/2




                     he is in custody since 30.03.2026.

                                  05. Learned APP for the State opposes the submission

                     made on behalf of the petitioner.

                                  06. Having regard to the facts and circumstances and

                     submissions made on behalf of the parties and considering the

                     quantity of liquor recovered and also considering the 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 Exclusive Special Judge, Excise Act-II,

                     Saran at Chapra/court concerned in connection with Pahelja P.S.

                     Case No. 77 of 2026, 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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