Patna High Court
Lakhan RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to a bond, sureties, and compliance with Section 482(2) of the B.N.S.S., 2023.
Summary
Lakhan Ram applied for anticipatory bail after the police seized 474.48 litres of foreign liquor from a hut that was open to the public and allegedly linked to him under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018. The petitioner argued that the liquor was not in his constructive possession, the premises were not his, and the search did not follow the mandatory procedures prescribed under the B.N.S.S. Act. The State opposed the bail, contending that the seizure indicated involvement in the offence. The court, noting the absence of possession, the petitioner’s clean antecedent, and procedural irregularities, inclined to grant anticipatory bail. The bail was conditioned on a Rs.10,000 bond, two sureties of equal amount, and compliance with Section 482(2) of the B.N.S.S., 2023, to be filed before the Special Judge Excise‑II, Samastipur.
Issues considered
- Whether anticipatory bail is appropriate when illicit liquor is seized from a location not constituting the petitioner’s constructive possession.
- Whether procedural lapses in the search and seizure under the B.N.S.S. Act affect the grant of anticipatory bail.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- search and seizure
- constructive possession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17626 of 2026
Arising Out of PS. Case No.-440 Year-2023 Thana- Excise P.S. District- Samastipur
======================================================
Lakhan Ram S/O Mishri Lal Ram R/O- Village- Ajna (Anjana), Ward No. 08,
P.S.- Kalyanpur, 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. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Excise Sadar P.S. Case No.440 of 2023, F.I.R
dated 20.09.2023 registered for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2018.
3. As per the prosecution case, on 20.09.2023, the
informant received secret information regarding the sale of
illicit liquor by the petitioner. Upon verification, the informant,
along with other police personnel, proceeded to the alleged
place, where a search was conducted and 474.480 liters of
foreign liquor was allegedly recovered from a hut said to belong
Patna High Court CR. MISC. No.17626 of 2026(2) dt.25-03-2026
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to the petitioner. Thereafter, a seizure list was prepared
accordingly.
4. Learned counsel for the petitioner submits that the
place of recovery is from an open space, inside the hut, which is
accessible to general public. It has next been submitted that the
petitioner has clean antecedent has the search and seizure is said
to have been made without adhering to the mandatory
procedures / provisions prescribed under the B.N.S.S. Act.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioner and the petitioner has clean
antecedent, accordingly, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Special Judge Excise-II, Samastipur, in connection with
Patna High Court CR. MISC. No.17626 of 2026(2) dt.25-03-2026
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Excise Sadar P.S. Case No.440 of 2023 subject to the condition
as laid down under Section 482(2) of the B.N.S.S., 2023.
(Ajit Kumar, J)
sharun/-
U T
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