Patna High Court
Lalan Kumar Hembram @ Lalo Murmur @ Lalo Murmu @ Lalo MurmurmuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Anticipatory bail may be granted where the accused is not in possession of the contraband and the recovery was made from an open place, absent other incriminating evidence.
Summary
Lalan Kumar Hembram was implicated in a FIR alleging the seizure of 245 litres of country‑made liquor and about 2,000 litres of semi‑finished Jawa liquor from the bank of the Santhali River, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that no contraband was found in his conscious possession, that he was not arrested at the spot, and that the recovery occurred in an open public place unrelated to his residence. The State opposed his prayer for anticipatory bail. The High Court observed that the absence of possession of the illicit liquor and the circumstances of recovery justified granting anticipatory bail, subject to a bond and sureties. Consequently, the Court ordered that the petitioner be released on anticipatory bail if arrested or if he surrenders, for a period of six weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, under the conditions of Section 482(2).
Issues considered
- Whether anticipatory bail should be granted when the accused is not found in possession of the seized liquor
- Whether the circumstances of recovery from an open place justify bail despite the seriousness of the offence
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- possession
- illegal liquor
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10319 of 2026
Arising Out of PS. Case No.-84 Year-2024 Thana- BASANHI District- Saharsa
======================================================
Lalan Kumar Hembram @ Lalo Murmur @ Lalo Murmu @ Lalo Murmurmu,
male, aged aout 41 years, S/o Late Sidhu Hembram @ Late Sidhu Murmur
R/o - Chharrapatti, Santhali Tola, Ward No.12, P.S - Basnahi, District -
Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection with
Basanhi P.S. Case No. 84 of 2024 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the allegation in the FIR, total 245 litres of
country-made liquor and approximately 2000 litres of semi
finished Jawa liquor has been recovered from bank of Santhali
River.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case. He next submits that no incriminating article has been
Patna High Court CR. MISC. No.10319 of 2026(2) dt.17-02-2026
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recovered from the conscious possession of the present
petitioner and the petitioner has no concern with the alleged
recovered illicit liquor. He next submits that name of the
petitioner has been surfaced in this case only on the basis of
suspicion and there is no other evidence against the petitioner in
the instant case. He further submits that petitioner was not
arrested on the spot and the place of occurrence does not
belongs to the petitioner rather it was an open place, i.e., bank of
Chharrapatti Santhali River. He next submits that petitioner has
got criminal antecedent as stated in para-3 of the bail petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case and submissions made by learned counsel for the
petitioner and also the fact that neither incriminating article has
been recovered from the conscious possession of the petitioner
and nor he was arrested on the spot rather the recovery of the
said 245 litres and approximately, 2000 litres of illicit jawa
liquor has been made from an open space and not from the
house of the petitioner, let the above named petitioner be
released on anticipatory bail in the event of his arrest or
surrender before the Trial Court within a period of six weeks
Patna High Court CR. MISC. No.10319 of 2026(2) dt.17-02-2026
3/3
from today on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to the
satisfaction learned Exclusive Special Judge, (Excise-II),
Saharsa in connection with Basanhi P.S. Case No.84 of 2024
subject to the conditions as laid down under Section 482(2) of
the B.N.S.S.
(Ramesh Chand Malviya, J)
Harshita/-
U T
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