Patna High Court
Lalu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner, subject to monetary and procedural conditions.
Summary
The petitioner, Lalu Kumar, was arrested in connection with an excise case alleging possession of 180 litres of liquor recovered from two motorcycles and a Mahindra pickup. He contended that he was merely the driver of the pickup, had no knowledge of the contraband, and was falsely implicated, noting that no incriminating article was found in his conscious possession and he was not the vehicle's owner. The prosecution highlighted his six prior criminal antecedents and his custody since 24‑10‑2025, while also noting non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the Court, after considering the facts and the period of custody, decided to grant bail subject to a bond of Rs.15,000 with two sureties and specific conditions. The bail order includes requirements for personal surety, regular court appearances, non‑interference with evidence or witnesses, and prohibition on committing similar offences.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a), 32(3), 33 of the Bihar Prohibition and Excise Act given the facts of the case and his criminal antecedents
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes the grant of bail
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 32(3), 33
Subjects
- bail
- excise offence
- liquor seizure
- false implication
- driver liability
- criminal antecedents
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90458 of 2025
Arising Out of PS. Case No.-1712 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Lalu Kumar S/o Upendra Rai R/o Village - Ishorpur, P.S - Lalganj, District -
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prasoon Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Utpad/Excise P.S. Case No. 1712 of 2025 instituted for the
offences punishable under Sections 30(a), 32(3), 33 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 180 litres
of liquor was recovered from two motorcycles and one
Mahindra pickup.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
Patna High Court CR. MISC. No.90458 of 2025(3) dt.24-02-2026
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that petitioner is not the owner of the vehicle. It is further
submitted that petitioner is the driver of the Mahindra pickup in
question but he had no knowledge regarding the goods loaded in
the vehicle. The petitioner is in custody since 24.10.2025 and
has six criminal antecedents. There is no compliance of Section
103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of
the like amount each to the satisfaction of Court
below/concerned Court in connection with Utpad/Excise P.S.
Case No. 1712 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or a
close family member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
Patna High Court CR. MISC. No.90458 of 2025(3) dt.24-02-2026
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(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
(IV) The petitioner shall not commit any offence of a
similar nature in future.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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