Patna High Court
Lalan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted as the petitioner was not in conscious possession of the liquor and the confessional statement of the co‑accused lacked evidentiary value.
Summary
Lalan Singh applied for bail in a criminal case under Sections 30(a), 38 and 41(1) of the Excise Act, alleging recovery of 112.5 litres of liquor from a car. The petitioner was not arrested at the scene, had no conscious possession of the liquor, and was not the owner of the vehicle; his implication stemmed from a confessional statement of another accused, which the court found to have no evidentiary value. Although he has four prior cases, three under the Excise Act, and has been in custody since 29‑03‑2026, the court considered the lack of direct possession and the weak evidentiary basis. Accordingly, the court ordered his release on regular bail upon furnishing a bail bond of Rs.5,000 with two sureties. The bail application was allowed.
Issues considered
- Whether bail should be granted to the petitioner despite prior excise cases and the seriousness of the alleged offence.
- Whether the confessional statement of a co‑accused can be relied upon to justify denial of bail.
- Whether the absence of conscious possession and ownership of the seized vehicle negates the charge for bail considerations.
Legislation cited
- Excise Act — s. 30(a), 38, 41(1)
Subjects
- bail
- Excise Act
- possession
- confessional statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37974 of 2026
Arising Out of PS. Case No.-330 Year-2022 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Lalan Singh S/o Late Devendra Singh Resident of Village- Premnagar, Ward
no.- 6, P.S.- Runnisaidpur, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-07-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 30(a), 38 and 41(1) of the
Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of four cases out of which three
cases are under the Excise Act and is in custody since
29.03.2026 and allegation is of recovery of 112.500 litres of
liquor from a car.
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 is not the owner of
the seized car and he came to be implicated based on
Patna High Court CR. MISC. No.37974 of 2026(2) dt.01-07-2026
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confessional statement of Ram Kumar Thakur in police custody
which does not have any evidentiary value.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the
period of custody, the petitioner, above-named, is directed to be
released on regular bail on his furnishing bail-bonds in the sum
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
Runnisaidpur P. S. Case No.330 of 2022.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
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