Patna High Court
Lalan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner subject to monetary and procedural conditions.
Summary
Lalan Kumar was arrested in connection with a case alleging possession of 110 litres of liquor recovered from an Alto car, charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, asserting that no contraband was found in his possession and that he was merely the vehicle owner without knowledge of the goods. He had been in custody since 12‑12‑2025 and possessed four prior criminal convictions, and the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail, but the High Court, after considering the circumstances and the period of custody, granted bail subject to a bond of Rs.15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
- Whether the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
- Whether the petitioner’s prior criminal antecedents and the nature of the offence preclude bail.
Legislation cited
Subjects
- bail
- prohibition and excise
- false implication
- vehicle ownership
- criminal antecedents
- Section 103
- Bihar law
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13653 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- Pastpar Pusthi District- Saharsa
======================================================
Lalan Kumar S/O Yasodhar Yadav @ Jasodhar Yadav R/O Vill.- Khari, Ward
no. 16, P.S.- Murliganj, Dist.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Pastapar
P.S. Case No. 121 of 2025 instituted for the offences punishable
under Sections 30(a), 41(1) of the Bihar Prohibition and Excise
Act.
3. The prosecution case, in short, is that total 110 litres
of liquor was recovered from Alto car.
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
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possession of the petitioner. Learned counsel further submitted
that the name of the petitioner has transpired in this case merely
as being the owner of the vehicle in question and he had no
knowledge regarding the goods loaded in the vehicle. The
petitioner is in custody since 12.12.2025 and has four 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 as also 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 Pastapar P.S. Case No. 121 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
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consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
prosecution evidence or influence/intimidate any witness during
the course of trial.
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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