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Patna High Court

Lalan Kumar Sah @ Raushan Kumar SahversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.23877 of 2026(2) dt.17-04-2026
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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
               Patna High Court CR. MISC. No.23877 of 2026(2) dt.17-04-2026
                                                           3/3




                         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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