Patna High Court
Lalbaboo Rai @ Lalbabu RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court held that, given the petitioner’s lack of incriminating material, clean record and prolonged pre‑trial custody, bail should be granted.
Summary
The petitioner, Lalbaboo Rai, applied for bail in a case registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, alleging possession of 60 litres of spirit recovered from a relative’s house. The prosecution argued that the liquor was found in the premises, while the petitioner contended that he had no knowledge of the liquor, no incriminating material was found on him, and he had been in custody since March 15, 2026 with no prior criminal record. The Additional Public Prosecutor opposed bail, but the court considered the lack of direct evidence against the petitioner and the length of pre‑trial detention. The court concluded that the circumstances warranted the grant of bail. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Court‑I, Gopalganj. The judgment emphasized that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act for alleged offences under Sections 30(a) and 41(1).
- Whether the petitioner’s lack of incriminating material, clean record, and prolonged pre‑trial custody justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- bail
- Bihar Prohibition and Excise Act
- criminal procedure
- pre‑trial detention
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45511 of 2026
Arising Out of PS. Case No.-157 Year-2026 Thana- BAIKUNTHPUR District- Gopalganj
======================================================
Lalbaboo Rai @ Lalbabu Ray S/O Late Yodha Ray Resident of Village -
Sonwaliya, P.S- Baikunthpur, Dist- Gopalganj,Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Adesh Raj Singh, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Baikunthpur P.S. Case No. 157 of 2026 registered for the
offences punishable under Sections 30(a) and 41(1) of the Bihar
Prohibition and Excise Act.
3. The prosecution case is that 60 litres of spirit has
been recovered from three plastic boxes which were kept in the
home of Bhagwan Rai.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has no
concern with the alleged recovery of liquor. The petitioner has
Patna High Court CR. MISC. No.45511 of 2026(2) dt.08-07-2026
2/2
been in custody since 15.03.2026 and has no criminal
antecedent.
5. Learned APP 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. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Court-I, Gopalganj/concerned Court in
connection with Baikunthpur P.S. Case No. 157 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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