Lalan Sharma @ Lalan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39313 of 2025 Arising Out of PS. Case No.-1015 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Lalan Sharma @ Lalan Kumar S/o Vishnudev Sharma R/o vill - Babhanpura, P.S.- Phulwarisharif, Distt.- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Prasad, Advocate.

For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, there is recovery of 0.54 litre illicit foreign liquor from the TVS Jupiter Scooter bearing Registration No. BR-01DX-0729, which belongs to the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the owner of the seized scooter. He further submits that on the date of alleged occurrence, the said scooter was taken by one Balram Das for purchase of vegetable from the market who was apprehended on the spot. Learned counsel submits that petitioner had no knowledge about the misuse of

Patna High Court CR. MISC. No.39313 of 2025(4) dt.23-09-2025 2/2 his scooter by the co-accused. He further submits that petitioner was not present on the spot and no incriminating article has been recovered from his conscious possession and he has no concern with the alleged seized liquor. Learned counsel submits that petitioner has got clean antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the concerned Court within six weeks from today, the petitioner be released on bail upon furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned in connection with Phulwarisharif P.S. Case No.1015 of 2022, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T