Patna High Court

Lalan Sharma @ Lalan KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s antecedent.

Summary

The petitioner, Lalan Sharma, sought anticipatory bail after the police alleged that 698.235 litres of liquor were recovered from a godown he owned, invoking Section 30(a) of the Bihar Excise Act. He argued that he had a clean antecedent, the liquor was not in his conscious possession, and the premises were rented to another person, Rakesh Kumar. The State opposed the bail, contending the seriousness of the offence. The High Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties and directed verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is found, the bail would be revoked, otherwise it would be confirmed.

Issues considered

Whether anticipatory bail can be granted under Section 482(2) of the BNSS in a case of alleged possession of liquor under Section 30(a) of the Bihar Excise Act.
Whether mere ownership of the premises where liquor is found justifies arrest without proof of conscious possession.
Whether the police investigation was sufficient to implicate the petitioner.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30
Section 482
criminal antecedent
ownership of premises
police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7518 of 2026
                         Arising Out of PS. Case No.-578 Year-2025 Thana- KONCH District- Gaya
                 ======================================================
                 Lalan Sharma @ Lalan Kumar Son of Late Sri Ram Sharma Resident of
                 Village- Konch, P.S.- Konch, District- Gaya Ji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Aryan Singh
                 For the Opposite Party/s :       Ms.Sharda Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026               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 Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 698.235 litres of liquor from godown of the

                   petitioner.

                             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 for merely for the reason that he is owner of the

                   godown. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.7518 of 2026(2) dt.23-02-2026
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          his own premises for committing an occurrence and thus would

          create evidence against himself and hence would get implicated

          and at the same time shall bring disrepute to his business. It is

          further submitted that godown was given on rent to one Rakesh

          Kumar, but then police in a mechnical manner implicated the

          petitioner 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 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 Konch P.S. Case No. 578 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 even one case

          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
              Patna High Court CR. MISC. No.7518 of 2026(2) dt.23-02-2026
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                        confirmed, but after verification if it is found that petitioner is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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