Patna High Court
Laxman Mallik @ Laxman Kumar @ Laxmana kumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to specified bail bonds, sureties, and verification of antecedents.
Summary
The petitioner, Laxman Mallik, sought anticipatory bail fearing arrest in a case registered under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, alleging recovery of 117 litres of liquor from a public bush and a motorcycle not owned by him. He argued that he was not in conscious possession, the seized property was in a public place, and the FIR did not name the informant, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, verification of the petitioner’s criminal antecedents, and a deposit of Rs.5,000 with the Legal Services Committee. The order stipulated that if more than two prior cases are found, the bail would be cancelled, otherwise it would be confirmed. The court thus conditionally released the petitioner from immediate arrest pending trial.
Issues considered
- What is the appropriateness of granting anticipatory bail in a case involving alleged possession of liquor under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act?
- Does the lack of direct possession and the absence of an informant’s name in the FIR affect the grant of anticipatory bail?
- Whether the conditions imposed under Section 482(2) of the BNSS are sufficient to safeguard the trial process?
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
Subjects
- anticipatory bail
- excise law
- possession
- bail conditions
- Bihar Narcotic Substances Act
- Bihar Excise Act
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5239 of 2026
Arising Out of PS. Case No.-353 Year-2025 Thana- RAJNAGAR District- Madhubani
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Laxman Mallik @ Laxman Kumar @ Laxmana kumar Son of Raj Kumar
Mallik Resident of village-Kasiyauna, Mallik tol, P.S- Rajnagar, Distt-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi
For the Opposite Party/s : Mr.Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 Sections 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of two cases under the Excise Act and
allegation is of recovery of 117 litres of liquor from two places
out of which 9 litres of liquor is alleged to have been recovered
from a bush near Harinagar Road and 108 litres of liquor from a
motorcycle allegedly driven by the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.5239 of 2026(2) dt.02-02-2026
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recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and petitioner is not the
owner of the seized motorcycle and he came to be implicated at
the instance of local people, but then the name of the person,
who disclosed the name of the petitioner is not disclosed in the
FIR, which casts an aspersion on the case of the prosecution. It
is further submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
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.
10,000/- (Rupees Ten 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 Rajnagar
Patna High Court CR. MISC. No.5239 of 2026(2) dt.02-02-2026
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P.S. Case No. 353 of 2025, 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 two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed his
antecedent 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 two
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 5,000/- with Patna High Court Legal Services
Committee, Patna within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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