Patna High Court
Lalan Kumar Sah @ Raushan Kumar SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC.
Summary
The petitioner, Lalan Kumar Sah, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 11.4 litres of liquor from a straw house. He asserted that he has a clean antecedent, that the liquor was not found in his conscious possession, and that the straw house is a public area, suggesting the allegation is fabricated by an inimical party. The State opposed the bail, arguing the seriousness of the offence. The Court considered the petitioner's clean record, the lack of direct possession, and the possibility of false implication, and directed that provisional anticipatory bail be granted upon furnishing bail bonds of Rs.500 with two sureties, subject to Section 438(2) conditions. The order also stipulated that the trial court verify the petitioner's antecedent, and that any discovery of prior cases would lead to revocation of the provisional bail. Consequently, the anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act.
- Whether the petitioner's clean antecedent and lack of conscious possession justify the grant of anticipatory bail.
- What conditions should be imposed on the provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- provisional bail
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23877 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- TARABARI District- Araria
======================================================
Lalan Kumar Sah @ Raushan Kumar Sah Son of Chintamani Sah Resident of
Village- Biri Dakbangla, P.S.- Tarabari, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar
For the Opposite Party/s : Ms.Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 11.4 litres of liquor from straw house of the
petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even straw house
is the place outside the house, which is accessible to public at
large. It is next submitted that no prudent person would use his
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own premises for committing a crime and thus, would create
evidence against himself and hence, would get implicated. It is
also submitted that it appears that someone inimical to the
family concealed meager amount of liquor with an intent to
implicate entire family members and since petitioner is on an
inimical term with the Chaukidar and came to be implicated at
the instance of Chaukidar.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Tarabari P. S. Case No.77 of 2025, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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