Shailendra Kumar @ Lalan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3315 of 2026 Arising Out of PS. Case No.-321 Year-2019 Thana- TEGHRHA District- Begusarai ====================================================== Shailendra Kumar @ Lalan Rai Son of Sukhdeo Rai @ Sukhdev Ray Resident of village - Kirtaul, Ward No.- 29, P.S.- Teghra (Teghrha), District - Begusarai.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Ms. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-01-2026

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 offences punishable under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases out of which one case is under the Excise Act and allegation is of recovery of 225.540 litres of liquor from a car parked outside 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 and even the alleged

Patna High Court CR. MISC. No.3315 of 2026(2) dt.28-01-2026 2/3 recovery is from a car which was parked outside his house. It is further submitted that petitioner is not the owner of the seized vehicle and came to be implicated based on the fact that the car was parked near his house. It is next submitted that off late police have started implicating accused in excise cases who have antecedent without holding a proper investigation of the case.

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.15,000/- (Rupees Fifteen 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 Teghra (Teghrha) P.S. Case No. 321 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./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 if

Patna High Court CR. MISC. No.3315 of 2026(2) dt.28-01-2026 3/3 it is found that petitioner has antecedent of more than three cases, it 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 has antecedent of only three cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

8. At this stage, learned counsel for the petitioner based on instruction submits that petitioner undertakes to deposit an amount of Rs.2,500/- with the Lawyers' Association of the Patna High Court.

(Satyavrat Verma, J) Kundan/- U T