Patna High Court
Lalan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- BNSS — s. 105
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
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