Patna High Court
Lalan Koda @ Lalan KoraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedent, under Section 438(2) of the Cr.P.C.
Summary
The petitioner, Lalan Koda, sought anticipatory bail fearing arrest in a case alleging possession of 200 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He argued that the liquor was recovered from a joint family house, not from his conscious possession, and that the concept of deemed possession had been removed by the 2018 amendment. He also highlighted his clean antecedent and the absence of any informant’s name in the FIR. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail under Section 438(2) of the Cr.P.C., subject to a modest bail bond, two sureties, and a six‑week window for surrender, with a condition that the trial court verify his antecedent before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted under Section 438(2) Cr.P.C. for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the removal of the deemed‑possession concept and the joint‑family nature of the property negate the presumption of possession.
- Whether the petitioner’s clean antecedent and the lack of an informant’s name in the FIR affect the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87479 of 2025
Arising Out of PS. Case No.-49 Year-2025 Thana- LADAIYATAR District- Munger
======================================================
Lalan Koda @ Lalan Kora Son of Phagu Koda Resident of Village -
Mankothiya, P.S. - Laraiyatand, Distt. - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 200 litres of liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that the house in question is a joint family property, as such, it
cannot be alleged with certainty that it was the petitioner who
had kept the liquor in the house or the liquor kept in the house
was within his knowledge and after amendment in the Excise
Patna High Court CR. MISC. No.87479 of 2025(3) dt.20-01-2026
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Act in the year 2018, the concept of deemed possession and
presumed offender has been done away with. It is next
submitted that petitioner came to be implicated at the instance of
the local person 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, 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
Laraiyatand P.S. Case No. 49 of 2025, subject to the conditions
as laid down under Section 438 (2) of the Cr.P.C.
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
Patna High Court CR. MISC. No.87479 of 2025(3) dt.20-01-2026
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would be presumed that petitioner had concealed his antecedent
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.
(Satyavrat Verma, J)
Kundan/-
U T
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