Lallan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72964 of 2025 Arising Out of PS. Case No.-384 Year-2025 Thana- BARUN District- Aurangabad ====================================================== Lallan Kumar Son of Upendra Yadav Resident of Village- Bhaluahi, P.S.- Barun, District- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Binod Kumar Pandey, Advocate.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in a case registered under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, there is recovery of 91 litre illicit country made liquor from the husk room of petitioner and he was apprehended on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He further submits that the alleged recovery of liquor has been made from the husk room which is easily accessible to all and the house is in possession of the members of the joint family which was not under the exclusive possession of petitioner. Learned counsel submits that petitioner was unaware about the keeping of alleged seized liquor on the place of

Patna High Court CR. MISC. No.72964 of 2025(2) dt.15-10-2025 2/2 occurrence. He further submits that no incriminating article has been recovered from the conscious possession of petitioner. Learned counsel submits that petitioner is in custody since 11.08.2025 and he has one criminal antecedent of similar nature, in which he is on bail. He further submits that there is no likelihood of absconding the petitioner or tampering with the evidence and he undertakes to cooperate in the investigation and trial.

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

6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Barun P.S. Case No.384 of 2025 (G.R. No.431 of 2025).

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