Patna High Court
Lalan SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court ordered that the petitioner be released on bail subject to a bond of Rs 10,000 and two sureties, with conditions of cooperation and appearance at trial.
Summary
Lalan Singh petitioned the Patna High Court for regular bail in a case registered in 2000 under Section 273 of the Indian Penal Code and Section 47(a) of the Excise Act. He had previously been released on bail in 2001, but the bail was cancelled in 2003, a non‑bailable warrant was issued and he was later declared an absconder. The petitioner claimed he was unaware of the case proceedings because notices were not served and he was working outside the state, and he asserted he has no criminal antecedents and has been in judicial custody since February 2026. The court, after considering these circumstances, exercised its discretion to enlarge bail, directing the petitioner to furnish a bond of Rs 10,000 with two sureties and to cooperate fully and appear at every trial date. The judgment also criticized lower court officers for allegedly misapplying bail provisions.
Issues considered
- Whether bail can be granted to a petitioner previously declared an absconder and whose earlier bail was cancelled
- Whether lack of notice and inability to appear earlier justify granting regular bail
- Whether the court should exercise its discretion under the IPC and Excise Act to enlarge bail
Legislation cited
- Excise Act — s. 47(a)
- Indian Penal Code — s. 273
Subjects
- bail
- absconder
- misuse of bail
- IPC 273
- Excise Act 47(a)
- judicial custody
- discretion
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26785 of 2026
Arising Out of PS. Case No.-174 Year-2000 Thana- SONEPUR District- Saran
======================================================
Lalan Singh, Son of Late Ramikbal Singh, Resident of Village- Mirjapur
Gangajal, P.S.- Sonepur, District- Saran at Chapra (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with Sonepur P.S. Case No. 174 of 2000 registered
for the offence punishable under Section 273 of the Indian Penal
Code and Section 47(a) of the Excise Act.
3. Learned counsel for the petitioner has submitted
that this is a case of misuse of bail. It has been submitted that
the petitioner was previously on bail vide order dated
12.11.2001 and was making proper pairvi. The petitioner has no
knowledge about the stage of the case and so he could not
appear earlier and the bail bond of the petitioner was cancelled
on 19.12.2003 and non-bailable warrant was issued and later on,
he was declared absconder. It has further been submitted that
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petitioner is having no criminal antecedent and he is languishing
in judicial custody since 13.02.2026.
4. Learned counsel for the petitioner has further
submitted that as the petitioner has gone outside the State for
livelihood, he could not make proper pairvi. Though, the
petitioner was declared absconder but the notices issued against
him were not received by him or served to him. He had no
knowledge about the proceedings of this case. It has further
been submitted that the petitioner undertakes to make proper
pairvi.
5. Considering the above facts and circumstances of
the case and the submission made by learned counsel for the
petitioner, this Court is inclined to enlarge the petitioner on bail.
The above named petitioner is directed to be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
with two sureties of the like amount each to the satisfaction of
the learned 2nd Exclusive Special Excise Judge, Saran at Chapra
in connection with Sonepur P.S. Case No. 174 of 2000 with the
condition that petitioner shall cooperate in the trial and shall
remain present on each and every date in the learned trial
Court.
6. It is very disheartening to note that even the
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officers in the cadre of District Judge are rejecting the bail of
misuse. It seems either they are unaware of their jurisdiction or
they do not know how to use their discretion. They need to
introspect.
(Ashok Kumar Pandey, J)
lata/-
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