Patna High Court
Lalbabu AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner.
Summary
Lalbabu Ansari was arrested in connection with a case alleging possession of 117 litres of illegal Nepali liquor, charged under Section 30(a) of the Bihar Prohibition Excise (Amendment) Act, 2022. The petitioner contended that he was falsely implicated, that the seizure was conducted without any independent witness and that the prosecution lacked corroborative evidence, emphasizing his clean antecedents. The State opposed bail, but the court noted that the case was based merely on suspicion and that no substantive evidence linked the petitioner to the seized liquor. Considering the absence of concrete proof and the petitioner’s clean record, the court inclined to grant bail. Accordingly, the petitioner was released on regular bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused when the case is based solely on suspicion and lacks independent witness testimony
- Whether the nature of the offence under Section 30(a) of the Bihar Prohibition Excise (Amendment) Act, 2022 warrants denial of bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- Section 30(a)
- suspicion
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33784 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- KANHAULI District- Sitamarhi
======================================================
Lalbabu Ansari, Male aged about 27 years, Son of Mohammad Sulman Ansari
@ Suleman Ansari, Resident o f Village - Itharwa, P.O.- Bagaha, P.S. -
Kanhauli, District – Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Kumar, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in connection with
Kanhauli P.S. Case No. 27 of 2026 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition Excise
(Amendment) Act, 2022.
3. As per allegation in FIR total 117 liters of illegal
Nepali liquor has been recovered from four gunny bags.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case merely on the basis of mere
suspicion. He submits that the recovery of illicit Nepalese liquor
has been recovered from four gunny bags but the petitioner has
no concern with the alleged recovery. He further submits that
Patna High Court CR. MISC. No.33784 of 2026(2) dt.20-05-2026
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there is no independent witness of the alleged seizure list. He
next submits that during investigation no clinching,
corroborative and concrete evidence has been surfaced in the
present case to substantiate the case of the prosecution. He lastly
submits that seizure list witnesses are none else than the
member of raiding party. Petitioner has got clean antecedent as
stated in para 3 of the petition is in custody since 03.03.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR and impugned order of the
learned Exclusive Excise Court No. 1, Sitamarhi dated
24.03.2026, it appears that petitioner is named in the FIR and
his name transpired in this case during the course of
investigation on the basis of suspicion. From perusal of records,
it appears that on the basis of written report of the informant,
FIR has been registered under Section 30(a) of the Bihar
Prohibition Excise (Amendment) Act, 2022 against the present
petitioner and the allegation is of 117 liters of illegal Nepalese
liquor has been recovered. There is no any independent witness
of the seizure list. Petitioner has got clean antecedent as stated
in para 3 of the petition is in custody since 03.03.2026, so
considering all these aspects of the case and submission of the
Patna High Court CR. MISC. No.33784 of 2026(2) dt.20-05-2026
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learned counsel of the petitioner, I am inclined to grant bail to
the petitioner.
7. Accordingly the prayer for bail of the petitioner is
allowed. Let the petitioner above named be released on regular
bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Excise Judge-1, Sitamarhi /
Successor Court in connection with Kanhauli P.S. Case No. 27
of 2026.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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