Lalan Sharma @ Lalan Kumar v. The State Of Bihar

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 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 2/3 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 3/3 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