Patna High Court
Lalan Roy @ Lalan RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to bail on furnishing a bond of Rs.5,000 with two sureties.
Summary
The petitioner, Lalan Roy, was charged under Section 30(a) of the Bihar Excise Act for allegedly recovering 70 litres of liquor and 5,000 litres of jawa mahua from the banks of the Ganga River. He had three prior excise cases and had been in custody since 20‑02‑2026. The petitioner argued that he was not arrested at the spot, no contraband was found in his possession, and the alleged recovery site was a public area, suggesting a mechanical investigation without proper inquiry. The State opposed bail. The court, after considering these submissions, held that the lack of possession and the public nature of the alleged site warranted bail, and ordered his release on a bail bond of Rs.5,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Excise Act where no possession is established.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal procedure
- possession
- public place
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32873 of 2026
Arising Out of PS. Case No.-44 Year-2022 Thana- BARH District- Patna
======================================================
Lalan Roy @ Lalan Ray S/o- Munsi Ray R/v- Paschhimi West Malahi Barh
Ps- Barh Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Singh
For the Opposite Party/s : Mr.Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases under the Excise Act
and allegation is of recovery of 70 litres of liquor along with
5000 litres of jawa mahua from bank of Ganga river.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.32873 of 2026(2) dt.15-05-2026
2/2
at the instance of local people, but then it is submitted that once
an accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation. It is also
submitted that petitioner is in custody since 20-2-2026.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioner.
6. Considering the submission made by learned
counsel for the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 5,000/- (Rupees
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 Barh P.S. Case No.
44 of 2022.
(Satyavrat Verma, J)
Sumit/-
U T
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