Md. Lalu Mian @ Lalu Mian v. The State Of Bihar

\

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30389 of 2026 Arising Out of PS. Case No.-77 Year-2026 Thana- Pahelja P.S. District- Saran ====================================================== Md. Lalu Mian @ Lalu Mian S/o Marhum Jahur Miyan Resident of Village - Kharika, P.s. - Pahleja, District - Saran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh, Advocate For the Opposite Party/s :

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Pahelja P.S. Case No. 77 of 2026 registered for the alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, petitioner was apprehended when 5 liters of country made chulai liquor was recovered from the place near the cowshed of the petitioner.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No recovery has been made from the conscious possession of the petitioner. The petitioner has no concern with the place from where the recovery has been made. Learned counsel further submits that the petitioner is having antecedent of four cases and

Patna High Court CR. MISC. No.30389 of 2026(2) dt.11-05-2026 2/2 he is in custody since 30.03.2026.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the quantity of liquor recovered and also considering the period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act-II, Saran at Chapra/court concerned in connection with Pahelja P.S. Case No. 77 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T