Patna High Court

Lalan KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Lalan Kumar, feared arrest in a case (PS Dalsingsarai Case No. 521 of 2025) where 453.9 liters of liquor were seized from two motorcycles, alleged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He contended that he was not present at the scene, had no involvement with the liquor or the co‑accused, and that his name was merely mentioned during investigation. The petitioner also highlighted that a co‑accused had already been granted regular bail and argued that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
Section 30(a)
Section 41(1)
Section 103
Section 482(2)
liquor seizure
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15274 of 2026
                 Arising Out of PS. Case No.-521 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Lalan Kumar Son of Ram Kumar Ray R/O - Wajidpur Gado, P.S.-
                 Dalsinghsarai, Dist. - Samastipur.
                                                                  ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :      Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-03-2026                            Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner apprehends arrest in connection with

                   Dalsingsarai P.S. Case No. 521 of 2025, registered under

                   Sections 30(a) and 41(1) of the Bihar Prohibition and Excise

                   Act.

                                3. The prosecution case, in short, is that 453.9 liters

                   liquor was recovered from two motorcycles.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. The petitioner has got no concern with the alleged

                   recovery of liquor. Learned counsel for the petitioner also

                   submits that the petitioner was not present on spot. Name of the

                   petitioner has transpired in this case during investigation. It is

                   next submitted that the petitioner has got no any concern either
             Patna High Court CR. MISC. No.15274 of 2026(2) dt.12-03-2026
                                                         2/2




                       with the co-accused persons or with the motorcycles. Learned

                       counsel for the petitioner, therefore, contends that prima-facie,

                       no case is made out against the petitioner. The petitioner has got

                       one criminal antecedent. Learned counsel for the petitioner

                       further submits that other co-accused has been granted regular

                       bail by this Court vide order dated 11.02.2026 passed in Cr.

                       Misc. No. 8776 of 2026. There is no compliance of Section 103

                       of the Bharatiya Nagarik 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,

                       let the petitioner, above named in the event of arrest/surrender

                       before the learned Court below within a period of six weeks

                       from today, be released on anticipatory bail 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 Dalsingsarai P.S.

                       Case No. 521 of 2025, subject to the conditions as laid down

                       under Section 482(2) of the Bharatiya Nagarik Suraksha

                       Sanhita, 2023.


                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-
U      T

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