Patna High Court

Lal Babu RaiversusThe State of Bihar

Decided: 2 July 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The Court denied bail, holding that the quantum of the seized spirit warranted continued detention.

Summary

Lal Babu Rai was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 234 litres of spirit intended for illegal liquor manufacturing. He has been in custody since 20 May 2026 and applied for regular bail. The prosecution argued that the large quantity of spirit indicated a serious offence. The Court considered the quantum of the seizure and deemed it sufficient to justify continued detention. Consequently, the bail application was dismissed, and the petitioner remains in custody.

Issues considered

Whether regular bail should be granted to the accused in a case involving the recovery of 234 litres of spirit under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Bihar Prohibition and Excise Act — s. 30(a)

Subjects

bail
criminal procedure
prohibition act
illegal liquor manufacturing
bail denial

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.42450 of 2026
                         Arising Out of PS. Case No.-205 Year-2026 Thana- TARAIYA District- Saran
                  ======================================================
                  Lal Babu Rai S/O Late Gorakh Rai @ Gorakh Ray R/O Vill.- Deoriya, P.s.-
                  Taraiya, Dist.- Saran.

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

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :        Mr.Alok Kumar Alok
                  For the Opposite Party/s :        Mr.Shailendra Kumar
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    02-07-2026                    Heard the parties.

                                 2. The petitioner seeks regular bail in connection with

                    Taraiya P.S. Case No. 205 of 2026 registered for the offence

                    under Sections 30(a) of the Bihar Prohibition and Excise Act.

                                 3. As per the prosecution case, the recovery is of 234

                    liters of spirit which was to be used in illegal manufacturing of

                    liquor.

                                 4. The petitioner is in custody since 20.05.2026.

                                 5. Considering the quantum of recovery of spirit, this

                    Court is not inclined to grant bail to the petitioner.

                                 6. Accordingly, this application is dismissed.



                                                              (Sandeep Kumar, J)
Vikas/-

U

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