Patna High Court

Lalbabu Rai @ Lal Babu Ray @ LalbabuversusThe State of Bihar

Decided: 13 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court grants bail to the petitioner.

Summary

Lalbabu Rai was arrested in connection with a case involving the seizure of 60 litres of liquor from three motorcycles, alleged to violate Sections 30(a)(d) and 41 of the Bihar Prohibition and Excise Act. Earlier attempts to obtain anticipatory bail were dismissed twice by the same court. The petitioner contended that he had no ownership of the motorcycles, no incriminating material was found in his possession, and that the seizure occurred in a public area, asserting his innocence. He also highlighted that another co‑accused had been granted regular bail and that the State had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. After considering the facts, the period of custody, and the procedural lapse, the court decided to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to the petitioner despite prior dismissals of anticipatory bail applications
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail
Whether the nature of the alleged offence under the Bihar Prohibition and Excise Act justifies continued detention

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
anticipatory bail
prohibition law
excise
liquor seizure
criminal procedure
Section 103
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7751 of 2026
                      Arising Out of PS. Case No.-69 Year-2020 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Lalbabu Rai @ Lal Babu Ray @ Lalbabu Son of Sanjeevan Rai Resident of
                 Village - Sukumarpur, P.S.- Raghopur (Rustampur- O.P.), District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dilip Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Shahabuddin Azeem @ S. Azeem, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   13-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Raghopur (Rustampur OP) P.S. Case No. 69 of 2020, instituted

                   for the offences punishable under Sections 30(a)(d) and 41 of

                   the Bihar Prohibition and Excise Act.

                                3. Earlier, anticipatory bail of the petitioner has been

                   dismissed as withdrawn twice by a co-ordinate Bench of this

                   Court vide orders dated 17.08.2022 and 07.08.2024 passed in

                   Cr. Misc. No. 65120 of 2021 and Cr. Misc. No. 45707 of 2024

                   respectively.

                                4. The prosecution case, in short, is that 60 liters

                   liquor was recovered from three motorcycles.
Patna High Court CR. MISC. No.7751 of 2026(3) dt.13-02-2026
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                       5. 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. Learned counsel

          for the petitioner also submitted that the petitioner is not the

          owner of the motorcycles in question. The alleged recovery has

          been made from an open place and the same is easily accessible

          to the public at large. The petitioner is in custody since

          20.12.2025 and has got two criminal antecedents in which he is

          on bail. Learned counsel for the petitioner further submits that

          other co-accused has been granted regular bail by this Court

          vide order dated 19.01.2026 passed in Cr. Misc. No. 90294 of

          2025. There is no compliance of Section 103 of the Bharatiya

          Nagarik Suraksha Sanhita, 2023.

                       6. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       7. 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.

                       8. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
             Patna High Court CR. MISC. No.7751 of 2026(3) dt.13-02-2026
                                                         3/3




                       sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with                     Raghopur

                       (Rustampur OP) P.S. Case No. 69 of 2020.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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