Lalan RaiversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9374 of 2026
                       Arising Out of PS. Case No.-258 Year-2020 Thana- DUMRA District- Sitamarhi
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                 Lalan Rai Son of Bhola Rai R/o Village - Madhuban Basaha @ Raghubir
                 Nagar, Madhuban Basah, P.S. - Bajpatti, Dist. - Sitamarhi.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :        Mrs. Asha Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Dumra P.S. Case No. 258 of 2020 registered for

                   the offences punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act, at present pending in the court of

                   learned Exclusive Special Excise Court No.-01, Sitamarhi.

                                3. As per prosecution case, 9.135 litre illicit foreign

                   liquor was recovered from the motorcycle in question and co-

                   accused Md. Hashim was apprehended on the spot, who

                   disclosed the name of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.9374 of 2026(2) dt.19-02-2026
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          in the FIR and he has falsely been implicated in this case due to

          village politics. He further submits that petitioner is not named

          in FIR and the alleged recovery has been made from the

          possession of co-accused Md. Hashim. He further submits that

          petitioner was not found at the place of occurrence and nothing

          has been recovered from the conscious possession of the

          petitioner. It is submitted that the motorcycle was borrowed by

          co-accused Md. Hashim for personal work and the same has

          been misused and the petitioner has no knowledge about the

          said recovery. In the light of the aforesaid facts and

          circumstances of the case, petitioner cannot be held liable for

          the same and no offence is made out as alleged in the FIR

          against the petitioner. Apart from that petitioner having no

          criminal antecedent.

                       5. The learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner by submitting that the

          alleged recovery of liquor has been made from the motorcycle

          in question of which the petitioner is the registered owner and

          hence, he cannot escape from the allegation made in the F.I.R.

                       6. Considering the facts and circumstances of the

          case, petitioner was not found at the place of occurrence,

          keeping in view clean antecedent of petitioner, argument
            Patna High Court CR. MISC. No.9374 of 2026(2) dt.19-02-2026
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                      advanced on behalf of both sides and also taking into

                      consideration the material available on record, 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 anticipatory bail on furnishing bail bond of Rs.

                      10,000/- (rupees ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned Exclusive Special

                      Excise Court No.-01, Sitamarhi in connection with Dumra P.S.

                      Case No. 258 of 2020, subject to the conditions as laid down

                      under Section 482(2) of BNSS.

                                   7. The application stands allowed.



                                              (Alok Kumar Pandey, J)
Nilmani/-

U      T