Patna High Court
Lalan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that regular bail may be granted in view of the petitioner’s lack of criminal antecedent and the circumstances, subject to a bond, sureties and a condition for possible cancellation.
Summary
Lalan Kumar was arrested in connection with a case under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016 after 90 litres of liquor was allegedly recovered from his e‑rickshaw. The petitioner contended that no incriminating article was found on him, that the liquor belonged to a passenger, and that he had no prior criminal record. The State opposed the bail application. The Court, noting the allegation, the petitioner’s custody since 19‑Feb‑2026 and his clean antecedent, ordered that he be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties. The bail was conditioned on the possibility of cancellation if a criminal antecedent under the Act later emerges.
Issues considered
- Whether regular bail can be granted to the petitioner under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016 despite the alleged recovery of liquor from his vehicle
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- regular bail
- Bihar Prohibition and Excise Act
- excise law
- criminal procedure
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17678 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- SHEKHPURA District- Sheikhpura
======================================================
Lalan Kumar, S/o- Ganesh Yadav, R/v- Inday, PS- Sheikhpura District-
Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
Mr. Ravi Kant, Advocate
Mr. Abhishek Kumar, Advocate
Ms. Sarita Kumari, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 25-03-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Sheikhpura P.S. Case
no.48 of 2026, registered under sections 30(a) and 32(3) of the
Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 90 litres of liquor is
said to have been recovered from the E-rickshaw being driven
by this petitioner.
4. Learned counsel for the petitioner submits that no
incriminating article has been recovered from the petitioner’s
possession or from his E-rickshaw. He has been falsely
implicated in the case. The liquor allegedly recovered must be
belonging to some passenger. The petitioner is in custody since
Patna High Court CR. MISC. No.17678 of 2026(2) dt.25-03-2026
2/2
19.2.2026 and has no criminal antecedent.
5. The application for bail is opposed by learned
A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the F.I.R., the petitioner having remained in custody since
19.2.2026 and especially the petitioner not having any criminal
antecedent, the petitioner is directed to be enlarged on bail in
connection with Sheikhpura P.S. Case no.48 of 2026, on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Excise Judge, Sheikhpura on the
following condition :-
(I) In case it subsequently transpires that the petitioner
has criminal antecedent under the Bihar Prohibition and Excise
Act, 2016, the prosecution will be at liberty to move this Court
for cancellation of the bail granted to the petitioner.
(Partha Sarthy, J)
avinash/-
U T
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