Patna High Court
Lal Babu Kumar @ Driver Lal Babu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Lal Babu Kumar, a driver, was arrested in connection with the recovery of 332.280 liters of illicit liquor from a vehicle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was unaware of the liquor, had no incriminating material in his possession, and possessed a clean criminal record. The prosecution opposed bail, while the petitioner argued that there was no compliance with Section 103 of the BNSS, 2023, and that he had been in custody since 18‑12‑2025. The Court considered the petitioner’s clean antecedent, the short period of custody, and the lack of direct evidence against him. Consequently, the Court granted bail on a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts and lack of direct evidence.
- Whether the requirements of Section 103 of the BNSS, 2023, have been complied with in the bail application.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor smuggling
- driver
- clean antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4530 of 2026
Arising Out of PS. Case No.-180 Year-2025 Thana- Benibad District- Muzaffarpur
======================================================
Lal Babu Kumar @ Driver Lal Babu Kumar Son of Davlat Rai Resident of
Village- Dhabauli, P.S.- Gayghat, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhusudan Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard Mr. Madhusudan Kumar, learned counsel for the
petitioner and Mr. Choubey Jawahar, learned APP for the State.
2. The petitioner seeks bail in connection with
Benibad PS Case No. 180 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 332.280 liters
liquor was recovered from Auto.
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. It is submitted
that name of the petitioner has surfaced in this case as being
Patna High Court CR. MISC. No.4530 of 2026(2) dt.27-01-2026
2/2
driver of the vehicle in question and he was oblivious of the fact
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 18.12.2025 and has got no criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
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, clean antecedent of the petitioner 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 Benibad PS Case
No. 180 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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