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Patna High Court

Lalan RaiversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.22610 of 2026(2) dt.16-04-2026
                                            2/3




          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;
          Patna High Court CR. MISC. No.22610 of 2026(2) dt.16-04-2026
                                                      3/3




                                                         (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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