Patna High Court
Lallu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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
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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/-
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