Patna High Court
Lalit SadaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Lalit Sada, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 95 litres of liquor from a co‑accused's premises. He argued that he has a clean antecedent, that the liquor was not in his conscious possession, and that the alleged recovery occurred at a location not belonging to him. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, pending verification of his antecedent. The order also required the petitioner to deposit Rs.1,500 with the Patna High Court Advocate Association.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the alleged facts and the petitioner's clean antecedent justify the grant of bail
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- clean antecedent
- Criminal Procedure Code
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4398 of 2026
Arising Out of PS. Case No.-272 Year-2025 Thana- SIMRI District- Darbhanga
======================================================
Lalit Sada Son of Ram Pukar Sada Resident of Village - Simri, P.S. - Simri,
District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 95 litres of liquor from a place backside of the
thatched house of co-accused Doma Sada.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to his house since Doma Sada is his agnate
and petitioner came to be implicated at the instance of the
Patna High Court CR. MISC. No.4398 of 2026(2) dt.31-01-2026
2/3
Chawkidar with whom he is on an inimical term. It is further
submitted that if the Chawkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to the institution of the instant FIR which casts
an aspersion on the case of the prosecution, when petitioner
admittedly is a person with clean antecedent.
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, let 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.500/- (Rupees Five Hundred) 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 Simri
P.S. Case No. 272 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed his antecedent
Patna High Court CR. MISC. No.4398 of 2026(2) dt.31-01-2026
3/3
before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification 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.1,500/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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