Patna High Court
Lalan Sah @ Lalan SahuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court inclined to grant bail to the petitioner.
Summary
The petitioner, Lalan Sah, was arrested in connection with the recovery of 2,196.6 litres of foreign liquor from a hut near his residence, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating no incriminating material was found in his possession and that he had no prior criminal record, having been in custody since 16‑04‑2026. The State opposed bail, arguing the seriousness of the offence. The Court, after considering the facts, the period of custody, and the lack of direct evidence against the petitioner, decided to grant bail. Bail was conditioned on a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Judge‑II, Samastipur. The Court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged possession of a large quantity of foreign liquor
- Whether the petitioner’s lack of direct incriminating material and clean record justify bail despite the seriousness of the offence
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- possession of foreign liquor
- criminal procedure
- excise law
- prima facie observation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33768 of 2026
Arising Out of PS. Case No.-155 Year-2025 Thana- EXCISE ROSERA District- Samastipur
======================================================
Lalan Sah @ Lalan Sahu S/o Late Bilat Sah R/o Village- Naya Nagar
Bakhari, Ward No.- 13, Police Station - Hasanpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra, Adovcate
For the Opposite Party/s : Mr.Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 24-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Rosera
Excise P.S. Case No. 155 of 2025 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case is that total 2196.600 liters of
foreign liquor was recovered from the semi-constructed hut
nearby the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. The petitioner is
Patna High Court CR. MISC. No.33768 of 2026(3) dt.24-06-2026
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in custody since 16.04.2026 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Judge-II, Samastipur/concerned Court
in connection with Rosera Excise P.S. Case No. 155 of 2025.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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