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Patna High Court

Lallu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to specified conditions.

Summary

Lallu Kumar, the owner of a scooty, was implicated in a case (PS Case No. 282 of 2021) for allegedly possessing 60 litres of illicit country-made liquor seized from his vehicle, violating Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. He applied for anticipatory bail, claiming innocence, lack of any independent witness to the seizure, and a clean criminal record. The State opposed the bail. The court noted the absence of a witness to the alleged seizure and the petitioner's spotless antecedent, and consequently granted anticipatory bail subject to a bond, sureties, and conditions under Section 482(2) of the B.N.S.S. and other safeguards. The bail order requires the petitioner to appear before the trial court, prohibits tampering with evidence or witnesses, and mandates cancellation of bail for non‑compliance. The order was pronounced by Justice Ajit Kumar.

Issues considered

  • Whether anticipatory bail should be granted in a case of alleged possession of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act when no witness to the seizure is produced.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are sufficient to safeguard the trial process.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • seizure
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18025 of 2026
                     Arising Out of PS. Case No.-282 Year-2021 Thana- PARSABAZAR District- Patna
                 ======================================================
                 Lallu Kumar Son of Prabhu Ray R/o - Nav Ratanpur, P.S. - Khagaul, Dist. -
                 Patna(owner of Scooty No. BR01CT-3043)

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ganesh Prasad Yadav, Adv.
                 For the Opposite Party/s :      Mr.Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

4   20-05-2026                     Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State through

                   virtual mode.

                                   2. The petitioner is apprehending his arrest in

                   connection with Parsa Bazar P.S. Case No. 282 of 2021 dated

                   13.08.2021 registered for the offence punishable under Section/s

                   30(a) of the Bihar Prohibition and Excise (Amendment) Act.

                                   3. As per the prosecution case, the police has

                   recovered total 60 liters of country-made illicit liquor from the

                   Scooty.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has falsely been implicated in the

                   present case for ulterior motive. It is next submitted that the

                   petitioner has been implicated in the present case merely on the
Patna High Court CR. MISC. No.18025 of 2026(4) dt.20-05-2026
                                            2/3




          basis of his being the owner of the alleged Scooty. It is next

          submitted that the alleged Scooty was parked on the roadside

          and the petitioner had gone to take petrol and, in the meantime,

          the alleged seizure is said to have been made from the said

          Scooty, though there is no independent witness to such seizure.

          Lastly, it is submitted that the petitioner is a person of clean

          antecedent.

                          5. Learned APP for the State opposes the prayer for

          grant of anticipatory bail.

                          6. Having heard learned counsel for the parties and

          considering the fact that there is no witness to the alleged

          seizure and the petitioner bearing no antecedent, let the

          petitioner, above named, be released on anticipatory bail in the

          event of his 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, Patna in connection with Parsa Bazar P.S. Case No. 282 of

          2021, subject to the condition as laid down under Section 482(2)

          of the B.N.S.S. as well as the following conditions;

                          (i) One of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide
              Patna High Court CR. MISC. No.18025 of 2026(4) dt.20-05-2026
                                                          3/3




                        official document / personal affidavit to show his/her bona fide;

                                        (ii) the petitioner(s) shall appear on each and every

                        date before the Trial Court and failure to do so for two

                        consecutive       dates     without      plausible   reason   will   entail

                        cancellation of his bail bond by the Trial Court itself;

                                        (iii) the petitioner(s) shall in no way try to induce

                        or promise or threat the witnesses or tamper with the evidences,

                        failing which the State shall be at liberty to take steps for

                        cancellation of the bail bonds.



                                                                                (Ajit Kumar, J)
rishi/-

U         T


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