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Patna High CourtCR. MISC./17828/2026allowed

Lallu Kumar @ Dipendra Kumar v. The State Of Bihar

2026-03-24Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17828 of 2026 Arising Out of PS. Case No.-162 Year-2025 Thana- GHOSWARI District- Patna ====================================================== Lallu Kumar @ Dipendra Kumar S/o- Late Bahadur Prasad R/o - Mehdi Bigha, P.S - Chandi, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 317(2), 317(5) of BNS and Sections 3 and 7 of the E.C. Act.

3. The case of the prosecution is that the petitioner has stored diesel and petrol in his hotel with the connivance of driver of Indian Oil container and that from the possession of this petitioner, 1182 liters of diesel and 250 liters of petrol were recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner. The seizure list

Patna High Court CR. MISC. No.17828 of 2026(2) dt.24-03-2026 2/2 witnesses are police personnel and police has not complied Section 105 of BNSS while preparing seizure. The hotel was being run on lease. It has further been submitted that in this case, E.C. Act has not been attracted against him. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 27.12.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ghoshwari P.S. Case No. 162 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh, Patna. (Ashok Kumar Pandey, J) Shubham/- U T