Patna High Court
Lalan Singh @ Ram Lagan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied anticipatory bail to the petitioner.
Summary
Lalan Singh petitioned for anticipatory bail after being implicated in a case (PS Case No. 97 of 2026) involving the recovery of 960 litres of illicit spirit from a four‑wheeler. The prosecution alleged offences under Sections 32, 30(a) and 41(1) of the Bihar Prohibition and Excise Act and named 13 accused, including the petitioner, who claimed he was not the owner, driver or in possession of the vehicle and that his name was falsely implicated. No counsel appeared for the petitioner, while the State’s Additional Public Prosecutor opposed bail, citing a similar co‑accused whose bail was denied. The court considered the large quantity of spirit recovered, the driver’s confession detailing the modus operandi, and the seriousness of the offences. Concluding that the circumstances did not warrant bail, the court rejected the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise Act in view of the alleged recovery of illicit spirit and the driver’s confession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41(1)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- sections 32,30(a),41(1)
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36117 of 2026
Arising Out of PS. Case No.-97 Year-2026 Thana- PARSA District- Saran
======================================================
Lalan Singh @ Ram Lagan Singh S/O Mahesh Singh R/O Village-
Bhesdih,P.s-Bheldi, District-Saran,Bihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : None
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Upon repeated calls, no one appears on behalf of
the petitioner. However, Learned A.P.P for the State is present.
3. From the record, it transpires that there are 4
counsel on record namely, Deepak Kumar, Adv., Mukund
Kumar, Adv., Dilip Kumar, Adv. And Ravi Shankar Kumar,
Adv., but none of them appeared to argue this case.
4. The petitioner is apprehending arrest in connection
with Parsa P.S. Case No.97 of 2026 lodged on 25.02.2026, for
the offence punishable under Sections 32, 30(a) and 41(1) of the
Bihar Prohibition and Excise Act which is pending before the
court of 3rd Exclusive Special Excise Judge, Saran at Chapra.
5. As per the prosecution, FIR has been lodged against
Patna High Court CR. MISC. No.36117 of 2026(2) dt.02-06-2026
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13 named accused persons including the present petitioner with
allegation that there is recovery of total 960 litres of illicit spirit
from a four-wheeler, which is subject matter of the present case.
6. The plea has been taken in the bail petition that the
petitioner is innocent and has committed no offence. It has been
further pleaded that the petitioner’s name has been falsely
implicated in this case. It has been further pleaded that nothing
has been recovered from the conscious possession of the
petitioner and petitioner has no relation with the said recovery
and with the other accused persons. It has been further pleaded
that petitioner is not the owner of the alleged vehicle from
which the recovery has been made and petitioner is neither
driver nor khalassy of the said vehicle.
7. It has been further pleaded that the petitioner is a
respectable social worker and only to ruin his political career,
his name has been figured in the present case. It has been further
pleaded that the criminal antecedent of the petitioner is clean.
8. Learned APP for the State opposes the prayer for
bail of the petitioner, but fairly submits that one similarly
situated co-accused person whose name has come on the
confessional statement of the driver, has moved in Criminal
Miscellaneous No. 36015 of 2026, whose bail application has
Patna High Court CR. MISC. No.36117 of 2026(2) dt.02-06-2026
3/3
been rejected vide order dated 01.06.2026 by this Hon’ble
Court.
9. Upon consideration of the factual matrix and
recovery of huge amount of spirit which are used in preparation
of wine, has been made and the driver has categorically stated
about the entire modus operandi, which are corroborated by the
recovery of the wine.
10. In the present facts and circumstances, this Court
is not inclined to grant bail to the petitioner. Accordingly, the
prayer for anticipatory bail of the petitioner is hereby rejected.
(Dr. Anshuman, J)
Prakashmani/-
U T
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