Lalji Sahani @ Lalji Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50602 of 2026 Arising Out of PS. Case No.-126 Year-2026 Thana- LAKHAURA District- East Champaran ====================================================== Lalji Sahani @ Lalji Kumar Son of Manju Sahani Resident of VillageJhitkahiyan, P.S.- Lashaura, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Lakhaura P.S. Case No. 126 of 2026 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 80 liters liquor was recovered in front of the house of petitioner and the petitioner was arrested on spot.
4. 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. It is
Patna High Court CR. MISC. No.50602 of 2026(2) dt.23-07-2026 2/2 further submitted that the recovery is made from the open place accessible to one and all. The petitioner is in custody since 19.05.2026 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. 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.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhaura P.S. Case No. 126 of 2026.
(Rudra Prakash Mishra, J) sukriti/- U T