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Patna High Court

Laxman Mallik @ Laxman Kumar @ Laxmana kumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                          3/3




                        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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