Lalan Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA Mr.Vijay Kishore Bharti Mr.Rabindra Kumar- A.P.P. ORAL ORDER 2 01-07-2026

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 30(a), 32, 36 and 41 of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and allegation is of recovery of 302.75 litres of liquor from a Tata Nexon car and a swift Dzire car was also seized.

The learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession and he came to be implicated based on the fact that he is owner of the Swift Dzire car. It is further submitted that no liquor was recovered from the Patna High Court CR. MISC. No.42516 of 2026(2) dt.01-07-2026 Swift Dzire car, but still petitioner in a mechanical manner came to be implicated, when he is a person with clean antecedent. It is next submitted that no prudent person would use his own vehicle for committing a crime and thus, would create evidence against himself and hence, would get implicated.

Learned A.P.P. Sri Rabindra Kumar opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on provisional anticipatory bail on his furnishing bail-bonds in the sum 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 Special Case No.98 of 2026 arising out of Bahadurganj P. S. Case No.166 of 2026, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is Patna High Court CR. MISC. No.42516 of 2026(2) dt.01-07-2026 found that petitioner has antecedent of even one case, then it would be presumed that petitioner for the purposes of obtaining anticipatory bail had concealed his antecedent before this Court, in that event, the present provisional anticipatory bail order shall not be confirmed, but if on verification, it is found that petitioner is a person with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith. vikash/- U T (Satyavrat Verma, J)