Patna High Court
Lal Babu Mansuri @ Md. Lal Babu Mansuri @ Lal Babu MansooriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted as there is no direct incriminating material against the petitioner and the circumstances warrant release on condition.
Summary
The petitioner, Lal Babu Mansuri, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 1035.78 litres of liquor recovered from a vehicle. He claimed innocence, stating that no incriminating material was found in his possession and that his name surfaced only through co‑accused statements, while the vehicles did not belong to him. The State opposed bail, citing the seriousness of the offence and the petitioner’s three prior criminal antecedents, as well as non‑compliance with Section 103 of the B.N.S.S., 2023. The Court, after considering the lack of direct evidence against the petitioner and the period of custody already served, decided to grant bail with a bond of Rs.15,000 and two sureties, subject to conditions regarding family surety, regular court appearances, and non‑tampering with evidence. The bail order was pronounced, allowing the petitioner’s release pending trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite the seriousness of the offence and prior criminal antecedents.
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023, bars the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- liquor seizure
- Section 103 B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4299 of 2026
Arising Out of PS. Case No.-397 Year-2025 Thana- RUNISAIDPUR District- Sitamarhi
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Lal Babu Mansuri @ Md. Lal Babu Mansuri @ Lal Babu Mansoori S/o Late
Iliyash Mansuri @ Late Iliyas Mansoori @ Late Md. Iliyas Mansuri @ Late
Mohammad Iliyash Resident of Village- Rain Kharka @ Ward No. 3 Kharka,
P.S.- Runnisaidpur, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Runnisaidpur P.S. case
No. 397 of 2025 instituted for the offences under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 1035.780
liters liquor was recovered from Bolero pick-up and two
motorcycles.
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
Patna High Court CR. MISC. No.4299 of 2026(2) dt.28-01-2026
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has got no concern with the alleged recovery of liquor. It is
further submitted that the name of the petitioner has transpired
on the basis of disclosure made by co-accused. The vehicles in
question do not belong to the petitioner. The petitioner is in
custody since 08.12.2025 and has got three criminal
antecedents. There is no compliance of Section 103 of B.N.S.S.,
2023. Co-accused have been granted bail by this Bench vide
Annexure-P/2 to this application.
5. Learned A.P.P. 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.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Runnisaidpur P.S.
case No. 397 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(III) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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