Patna High Court
Laloo KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, finding procedural violations in the seizure and noting his clean antecedent.
Summary
The petitioner, Laloo Kumar, sought anticipatory bail after the police seized 3535 litres of foreign liquor from his vehicle in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that the seizure violated procedural requirements under Sections 103 and 105 of the Bihar Nagarik Suraksha Sanhita and that he had no knowledge of the seized articles. The State opposed the bail, contending the seizure was lawful. The Court noted the procedural lapses in the seizure and the petitioner's clean antecedent, and therefore granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the seizure of the liquor complied with the procedural requirements of Sections 103 and 105 of the Bihar Nagarik Suraksha Sanhita.
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita.
- Whether the petitioner's clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Nagarik Suraksha Sanhita — s. 103, 105
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- seizure procedure
- prohibition act
- excise
- clean antecedent
- bail bond
- section 438 CrPC
- section 482 BNS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33976 of 2026
Arising Out of PS. Case No.-113 Year-2026 Thana- THAKURGANJ District- Kishanganj
======================================================
Laloo Kumar S/o Ram Jinish Roy R/o Village and PO - Darhia Asadhar, P.S -
Angar Ghat, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Satyendra Narain Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Thakurganj P.S. Case No. 113 of 2026 registered for the offence
punishable under Section 30(a) Bihar Prohibition and Excise Act.
3. Prosecution case in brief is that there is reovery of
3535 litres of foreigh liquor from the vehicle bearing Registration
No.BR09GC 5372.
4. Learned counsel for the petitioner submits that the
Eicher Pro 2059xp public carrier vehicle bearing Registration No.
BR09GC5372, Engine No.- E446CDTB130501, Chassis No.-
MC2EGDRC0TBB65591 which was parked near the garage is said
to have been shown to be carrying with the seized article while the
submission of the counsel of the petitioner is that the entire seizure
was made in the police station there is a violation of Sections 103
Patna High Court CR. MISC. No.33976 of 2026(2) dt.21-05-2026
2/2
and 105 of the BNSS in preparation of seizure and petitioner is not
aware with regard to the seized articles and completely deny any
connection with the seized articles.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the fact that there is a violation of
procedures prescribed for seizure and as also the petitioner has
clean antecedent, the Court is inclined to grant privilege of
anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of his
arrest or surrender within four weeks from today, be enlarged on
bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of the
learned Exclusive Special Judge(Excise-I), Kishanganj in
connection with Thakurganj P.S. Case No. 113 of 2026, subject to
the conditions laid down under section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Ajit Kumar, J)
Sanjeev/-
Vikram/-
U T
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