Patna High Court
Lalan KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to a bail bond, sureties, and verification of his criminal antecedent.
Summary
Lalan Kumar, the owner of an e‑rickshaw, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 123.675 litres of liquor were recovered from his vehicle and 14 litres from another person. He argued that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and that his driver, who fled the scene, acted without his knowledge. The State opposed his anticipatory bail application. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that Kumar furnish a bail bond of Rs.500 with two sureties and that the trial court verify his criminal antecedent. If any antecedent is found, the bail will be cancelled; otherwise, it will be confirmed. The order was made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle used for the alleged offence is sufficient ground for arrest.
- Whether the petitioner’s clean criminal antecedent warrants provisional anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal antecedent
- ownership of vehicle
- provisional bail
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14419 of 2026
Arising Out of PS. Case No.-239 Year-2025 Thana- RAHIKA District- Madhubani
======================================================
Lalan Kumar Son of Hiralal Paswan R/o Village - Rampur Ward No. 11, P.S. -
Kaluahi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 123.675 litres of liquor from an E-rickshaw and 14
litres of liquor from possession of Dashrath Mukhiya. It is next
submitted that petitioner was not arrested from the spot, as such,
nothing was recovered from his conscious possession and he
came to be implicated based on the fact that he is owner of the
seized E-rickshaw. It is next submitted that no prudent person
would use his own vehicle for committing an occurrence and
Patna High Court CR. MISC. No.14419 of 2026(2) dt.13-03-2026
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thus, would create evidence against himself and hence, would
get implicated. It is also submitted that petitioner was
completely unaware that his driver would misuse the vehicle in
the manner as alleged, who also fled from the spot.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Court of
Exclusive Special Judge Excise, Madhubani in connection with
Rahika P.S. Case No.239 of 2025, subject to the conditions laid
down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.14419 of 2026(2) dt.13-03-2026
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anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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