Lalan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42444 of 2025 Arising Out of PS. Case No.-548 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Lalan Kumar S/o Upendra Singh Resident of village- Koshdihra Tola, Bhaluahi, PS- Barun, Distt.- Aurangabad (Bihar), Pin- 824112 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Satyendra Narayan Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner is apprehending arrest in connection with Aurangabad Excise P.S. Case No. 548 of 2025 lodged on 23.05.2025, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 pending in the Court of Special Judge Excise, Court no.2, Aurangabad.
3. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 50.760 litres of foreign liquor has been made which is the subject matter of the present case.
Patna High Court CR. MISC. No.42444 of 2025(2) dt.09-07-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the said recovery has been made under the mango tree near the cattle hut/shade which does not belong to the petitioner. Counsel submits that the petitioner was not apprehended from the place of occurrence and his name has figured in this case only by virtue of the disclosure made by a stranger. Counsel further submits that the criminal antecedent of the petitioner is not clean as there is one case pending against him in which, he is on bail and only due to this reason, petitioner has unnecessarily been made accused in this case.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there is one case pending against him which is registered under Excise Act and this aspect must be taken into consideration.
6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, if petitioner surrenders before the Trial Court within a period of 4 weeks from today then in that case,
Patna High Court CR. MISC. No.42444 of 2025(2) dt.09-07-2025 3/3 the Trial Court is directed to pass order on his surrender-cumbail application on the same day considering that whether ingredients of Excise Act is made out against petitioner or not, without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J) Divyansh/- U T