Patna High Court

Lal Babu PrasadversusThe State of Bihar

Decided: 7 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedent cases and compliance with the stipulated conditions.

Summary

The petitioner, Lal Babu Prasad, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 2.160 litres of liquor were allegedly recovered from a bicycle not owned by him. He has seven prior cases under the Excise Act and claims he was implicated by a local person without any material seized from his possession. He applied for anticipatory bail, which the State opposed. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.35,000 with two sureties and directed the trial court to verify his criminal antecedents. If more than seven prior cases are found, the bail will not be confirmed; if exactly seven, the bail will be confirmed forthwith.

Issues considered

Whether anticipatory bail can be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given his antecedent record and the circumstances of the alleged seizure.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise offence
Section 30
Bihar Prohibition and Excise Act
Section 482 CrPC
criminal antecedents
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30842 of 2026
                     Arising Out of PS. Case No.-176 Year-2026 Thana- BETTIAH CITY District- West
                                                       Champaran
                 ======================================================
                 Lal Babu Prasad Son of Jangali Sah Resident of Village - Paschim Kargahiya,
                 Registar colony, Ward no. 2, Ps- Bettiah Town, Dist- west Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashish Ranjan Garg
                 For the Opposite Party/s :       Ms. Anita Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

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

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of seven cases under the Excise Act

                   and allegation is of recovery of 2.160 litres of liquor from a

                   bicycle. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from his conscious

                   possession and is not the owner of the seized bicycle and he

                   came to be implicated at the instance of local person but then it

                   is submitted that once an accused is implicated in a case relating
Patna High Court CR. MISC. No.30842 of 2026(2) dt.07-05-2026
                                            2/3




          to excise, the police starts implicating mechanically either

          through chowkidar, local person, confessional statement or

          secret information without holding a proper investigation.

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

          anticipatory bail of the petitioner.

                       5. 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.35,000/- (Rupees thirty five

          thousand) 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 Bettiah Town P.S.

          Case No.176/2026, subject to the conditions as laid down under

          Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          seven cases, in that event, it would be presumed that petitioner

          had concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of seven
             Patna High Court CR. MISC. No.30842 of 2026(2) dt.07-05-2026
                                                         3/3




                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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