Lalan Yadav @ Lalan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40668 of 2026
                    Arising Out of PS. Case No.-699 Year-2023 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
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                 Lalan Yadav @ Lalan Kumar S/o Sri Ram Bahadur Yadav Resident of Village
                 -Raja Kharwar ,Police Station -Sakatpur, Dist- Darbhanga.

                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :     Mr.Shambhu Nath Jha
                 For the Opposite Party/s :     Mr.Shahabuddin Azeem @ S. Azeem
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-06-2026               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 three cases under the Excise Act and

                   allegation is of recovery of 495 litres of liquor from a Scorpio

                   vehicle.

                             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 he came to be

                   implicated based on the fact that he is owner of the seized
Patna High Court CR. MISC. No.40668 of 2026(2) dt.24-06-2026
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          vehicle. It is next submitted that no prudent person would use

          his own vehicle for committing an occurrence and thus would

          create evidence against himself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that his driver would misuse the vehicle in the manner as

          alleged, who also fled from the spot.

                   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. 15,000/- (Rupees

          Fifteen 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 Sadar P.S. Case No.

          699 of 2023, 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

          three cases then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed his antecedent
              Patna High Court CR. MISC. No.40668 of 2026(2) dt.24-06-2026
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                        before this Court, as such, the provisional anticipatory bail order

                        shall not be confirmed, but after verification if it is found that

                        petitioner has antecedent of three cases in that event the

                        provisional anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T