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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

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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