Created by Fuzzy Cloud

Patna High Court

Lalan Koda @ Lalan KoraversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.