Patna High Court
Lallu MushaharversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to conditions and verification of the petitioner’s antecedent under Section 482(2) CrPC.
Summary
The petitioner, Lallu Mushahar, sought anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 20 litres of liquor from a sack near his house. He argued that the liquor was not in his conscious possession, the location did not belong to him, and the watchman (chowkidar) failed to inform police earlier, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner deposit a bail bond of Rs.5,000 with two sureties and, if arrested, surrender within six weeks, subject to verification of his criminal antecedent under Section 482(2) of the Criminal Procedure Code. The order also required the petitioner to deposit Rs.2,500 with the Lawyers’ Association. The bail will be confirmed if the petitioner is found to have only one prior case; otherwise, it will be cancelled.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in a case under Section 30(a) of the Bihar Excise Act.
- Whether the absence of conscious possession and the location of the alleged liquor affect the grant of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent influences the provisional bail order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Excise Act
- Section 482 CrPC
- criminal antecedent
- provisional bail
- possession of contraband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3309 of 2026
Arising Out of PS. Case No.-115 Year-2025 Thana- SONEBARSA District- Buxar
======================================================
Lallu Mushahar Son of Bahir Mushahar @ Bahir Musar Resident of Village -
Maudiha Mushahar Toli, Ps- Sonversa, Dist- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case and allegation is of
recovery of 20 litres of liquor from a sack near the house of the
petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner,
but then adjacent to his house and he came to be implicated at
Patna High Court CR. MISC. No.3309 of 2026(2) dt.28-01-2026
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the instance of Chowkidar but then it is submitted that if the
Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
5,000/- (Rupees Five Thousand) 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 Sonversa
P.S. Case No. 115 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than one
case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
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confirmed, but after verification if it is found that petitioner has
antecedent of one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Lawyers’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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