Patna High Court
Lalwa Kumar @ Sanjay Mahto @ Sanjay Kumar @ LalwaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Lalwa Kumar, applied for regular bail in a case involving the seizure of 225 litres of illicit Nepali liquor, alleged under section 30(a) of the Bihar Prohibition & Excise Act and section 111 of the B.N.S., 2023. He was arrested at the spot of recovery. The court noted that the petitioner is already implicated in thirteen other criminal matters, six of which are also under the Bihar Prohibition & Excise Act. Considering the large quantity of contraband recovered and the multiplicity of pending cases, the court was not inclined to grant bail. Consequently, the bail application was rejected, with the court clarifying that its observations are limited to this bail application and do not prejudice the merits of the underlying trial.
Issues considered
- Whether regular bail should be granted to the petitioner given the seriousness of the offence and the existence of multiple pending criminal cases
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
- B.N.S., 2023 — s. 111
Subjects
- bail
- prohibition
- excise
- illicit liquor
- multiple charges
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41504 of 2026
Arising Out of PS. Case No.-170 Year-2026 Thana- RIGA District- Sitamarhi
======================================================
Lalwa Kumar @ Sanjay Mahto @ Sanjay Kumar @ Lalwa S/O Govind
Mahto @ Govin Mahto R/O Village- Basant Khurd, ward no. 7, PS- Suppi,
Distt- Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Santosh Kumar, Advocate
For the State : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in
connection with Riga P.S. Case No.170 of 2026 registered for
the offence under section 30(a) of the Bihar Prohibition &
Excise Act and under section 111 of the B.N.S., 2023.
3. About 225 litres of illicit Nepali liquor has
been recovered from a vehicle. The petitioner was arrested from
the spot.
4. The petitioner is accused in 13 more criminal
cases, out of which, 6 cases have been registered under the
Bihar Prohibition & Excise Act.
5. Considering the quantum of recovery and
Patna High Court CR. MISC. No.41504 of 2026(2) dt.25-06-2026
2/2
also the fact that the petitioner is accused in 13 more criminal
cases, I am not inclined to grant bail to the petitioner.
Accordingly, this bail application is rejected.
6. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
U T
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