Patna High Court
LalaramversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
Lalaram, the owner of a vehicle rented to Zoom Car Service, was implicated in the recovery of 285.495 litres of liquor from his car and faced charges under several sections of the B.N.S., 2023 and the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for anticipatory bail, arguing that he had a clean antecedent, was not in possession of the liquor at the time of seizure, and could not have foreseen the misuse of his vehicle by a customer. The State opposed the bail. The Patna High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of his criminal antecedent and compliance with conditions under Section 482(2) of the B.N.S.S. The court ordered that if any antecedent is found, the bail would be revoked, otherwise it would be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the alleged recovery of liquor from his vehicle.
- Whether ownership of the vehicle used by a third‑party service implicates the petitioner under the charged offences.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. justify granting provisional anticipatory bail.
Legislation cited
- B.N.S. — s. 317(5), 318(4), 336(3), 338, 340(2), 482(2)
Subjects
- anticipatory bail
- provisional bail
- liquor seizure
- vehicle ownership
- criminal antecedent
- Bihar Prohibition Act
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4155 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Lalaram S/O Sohan Lal R/O Village- Seedpur, Devasaray, P.S- Bharatpur,
Rajasthan- 321401.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vishal Prasad, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends his arrest in a case registered
for the offences punishable under Sections 318(4), 338, 336(3),
340(2) and 317(5) of B.N.S., 2023 as well as Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 285.495 litres of liquor from a car. It is next
submitted that 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 vehicle. It is next submitted that no prudent person would
use his own vehicle for committing an occurrence and thus,
Patna High Court CR. MISC. No.4155 of 2026(2) dt.29-01-2026
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would create evidence against himself and hence, would get
implicated. It is also submitted that petitioner was completely
unaware that customer of Zoom Car Service would misuse the
vehicle in the manner as alleged as petitioner has rented his car
to Zoom Car Service.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Excise Court No.-3, Civil Court, East Champaran, Motihari in
connection with Pakaridayal P.S. Case No.306 of 2025, subject
to the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
Patna High Court CR. MISC. No.4155 of 2026(2) dt.29-01-2026
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would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner,
based on instruction, submits that petitioner undertakes to
deposit an amount of Rs.1500/- with Advocates’ Association,
Patna High Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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