Patna High Court
Lallu Kumar @ Dipendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Lallu Kumar, was arrested in connection with alleged storage of large quantities of diesel and petrol at his hotel, allegedly with the collusion of an Indian Oil driver, leading to charges under sections 317(2) and 317(5) of the Bihar Narcotic Substances Act and sections 3 and 7 of the Explosive Substances Act. The prosecution claimed seizure of 1,182 litres of diesel and 250 litres of petrol, while the petitioner contended that no material was recovered, the seizure violated Section 105 of the BNS Act, the hotel was under lease, and the EC Act was inapplicable. He also highlighted his clean criminal record and his continued judicial custody since 27‑12‑2025. The State opposed the bail, but the court, after hearing both sides, found merit in the petitioner's arguments regarding procedural lapses and lack of substantive evidence. Consequently, the court ordered his release on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under sections 317(2), 317(5) of the BNS Act and sections 3, 7 of the EC Act.
- Whether the seizure of diesel and petrol complied with Section 105 of the BNS Act.
- Whether the provisions of the Explosive Substances Act are applicable to the facts of the case.
Legislation cited
- Bihar Narcotic Substances Act — s. 105, 317(2), 317(5)
- Explosive Substances Act — s. 3, 7
Subjects
- regular bail
- bail petition
- Bihar Narcotic Substances Act
- Explosive Substances Act
- seizure procedure
- Section 105
- criminal antecedent
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17828 of 2026
Arising Out of PS. Case No.-162 Year-2025 Thana- GHOSWARI District- Patna
======================================================
Lallu Kumar @ Dipendra Kumar S/o- Late Bahadur Prasad R/o - Mehdi
Bigha, P.S - Chandi, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 24-03-2026 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 sections 317(2),
317(5) of BNS and Sections 3 and 7 of the E.C. Act.
3. The case of the prosecution is that the petitioner has
stored diesel and petrol in his hotel with the connivance of
driver of Indian Oil container and that from the possession of
this petitioner, 1182 liters of diesel and 250 liters of petrol were
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. The seizure list
Patna High Court CR. MISC. No.17828 of 2026(2) dt.24-03-2026
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witnesses are police personnel and police has not complied
Section 105 of BNSS while preparing seizure. The hotel was
being run on lease. It has further been submitted that in this
case, E.C. Act has not been attracted against him. 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 27.12.2025.
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
Ghoshwari P.S. Case No. 162 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 S.D.J.M., Barh, Patna.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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