Patna High Court
Lalan RaiversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioner with a bond of Rs.30,000 and conditions prescribed under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Lalan Rai, sought anticipatory bail in connection with a case alleging possession of 960 litres of illicit liquor under Sections 30(a), 41(1) and 32 of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged the offence, while the petitioner claimed innocence, stating that no illicit liquor was found on him and that his name appeared only due to a co‑accused’s confessional statement. The State opposed the bail. The Court considered the petitioner's clean antecedent, the lack of direct seizure, and the statutory provisions governing anticipatory bail. It granted anticipatory bail subject to a Rs.30,000 bond and specific conditions under Section 2(1)(d) and Section 482(2) of the Bihar Non‑Specialist Special (BNSS) Act, 2023. The bail order also directed the trial court to verify the petitioner’s antecedent and to cancel bail if concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the BNSS, 2023 in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s alleged involvement, based solely on a co‑accused’s confession, warrants denial of bail.
Legislation cited
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- BNSS 2023
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22610 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- PARSA District- Saran
======================================================
Lalan Rai S/O Late Gulab Chand Rai Resident of village- Lauvan, Sanrhwara,
P/S- Ishuapur, District- Saran at chapra
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Parsa P.S. Case No. 97 of 2026, dated 25.02.2026, lodged
under Sections 30(a), 41(1) & 32 of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 960 litres
of illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner was neither arrested from the
spot nor was anything illicit recovered from his possession.
Counsel further submits that the petitioner’s name has figured in
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this case by virtue of the confessional statement of the co-
accused. Counsel also submits that the criminal antecedent of
the petitioner is clean.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of 3rd Exclusive Special Excise Judge, Saran at
Chapra, in connection with Parsa P.S. Case No. 97 of 2026,
subject to the conditions as laid down U/s 482(2) of the BNSS,
2023 with other following conditions:-
(i) one of the bailor should be the
family member of the petitioner who shall
provide official document to show his bona
fide;
(ii) the petitioner 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 bonds by the Trial
Court itself;
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(iii) the Trial Court shall verify the
criminal antecedent of the petitioner, and in
case it is found at any stage that the
petitioner has concealed his criminal
antecedent, the Trial Court shall take steps
for cancellation of the petitioner’s bail bond.
However, the acceptance of the bail bond in
terms of the above-mentioned order shall not
be delayed for the purpose of or in the name
of verification.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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