Created by Fuzzy Cloud

Patna High Court

Lalan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court ordered the release of the petitioner on regular bail.

Summary

Lalan Kumar, the owner of a truck from which 4010 litres of foreign liquor was seized, filed a petition for regular bail under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, was falsely implicated, and that the seizure list was not prepared in compliance with Section 105 of the BNSS. He also highlighted his clean criminal record and that he had been in judicial custody since 29‑12‑2025. The State opposed the bail. After hearing both sides, the Patna High Court granted regular bail, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties to the satisfaction of the Special Judge, Excise‑I, Samastipur.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether non‑compliance with Section 105 of the BNSS in preparing the seizure list warrants denial of bail.
  • Whether the petitioner’s lack of criminal antecedent and the period of pre‑trial detention justify granting bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • seizure
  • procedural lapse
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14352 of 2026
                     Arising Out of PS. Case No.-248 Year-2025 Thana- SINDHIYA District- Samastipur
                 ======================================================
                 Lalan Kumar Son of Sahev Rai @ Sahdev Ray Resident of village - Susta
                 Madhopur, Police Station - Maniyari, District - Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   02-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. The case of the prosecution is that from a truck,

                   altogether 4010 liters of foreign liquor was recovered.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that nothing has been

                   recovered from the possession of the petitioner. He has been

                   falsely implicated in this case as he is the owner of the said

                   vehicle. He has no concern with the alleged recovery. There is

                   no independent witness of the seizure list rather they are police
             Patna High Court CR. MISC. No.14352 of 2026(3) dt.02-04-2026
                                                         2/2




                       personnel and police has also not complied section 105 of BNSS

                       while preparing the seizure list. A statement has been made in

                       para-3 of this petition that the petitioner has got no criminal

                       antecedent. Moreover, he is languishing in judicial custody since

                       29.12.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Singhiya P.S. Case No. 248 of 2025 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned Exclusive Special Judge

                       Excise-I, Samastipur.



                                             (Ashok Kumar Pandey, J)
lata/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.