Allowed¶7

Laljee Singh @ Lallan Singh v. The State of Bihar

Patna HC1 Aug 2025CR. MISC./41968/2025

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; Bihar Prohibition and Excise Act S.30(a); Section 76(2) bar; Section 438(2) CrPC conditions; Sadar Excise P.S. Case No. 135 of 2024; Saran/Chapra; illicit foreign liquor 39.12 litres; recovery from open place; criminal antecedents; Full Bench Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089; CR. MISC. No.41968 of 2025; bail bond Rs. 20,000; two sureties; personal appearance condition.

What did the court decide?

Anticipatory bail to both petitioners on arrest/surrender within six weeks, on bail-bond of Rs. 20,000 each with two sureties of the like amount each, to the satisfaction of the learned court concerned, Saran at Chapra, subject to section 438(2) CrPC conditions and a condition of physical presence before the court below on every date. ¶7

Laljee Singh @ Lallan Singh Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the anticipatory bail application, arising from an offence under the Bihar Prohibition and Excise Act, is barred by Section 76(2) of the Act as urged by the State. +1 more

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Court's answer

The anticipatory bail application stands allowed, the Court having entertained and granted it despite the State's plea that the bar of Section 76(2) applied.

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Ratio / Principle

Petitioners enlarged on anticipatory bail in the event of arrest/surrender within six weeks, on furnishing bail-bond of Rs. 20,000 each with two sureties of the like amount each, subject to the conditions laid down under section 438(2) CrPC.

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Key takeaways

Additional condition imposed: petitioners to remain physically present before the court below on each and every date; absence on two consecutive dates without reasonable cause renders the bail bonds liable to cancellation.ratio¶6(i)

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Chandra Prakash Singh, J., 01-08-2025, CR. MISC. No.41968 of 2025): petitioners apprehending arrest in Sadar Excise P.S. Case No. 135 of 2024 (Saran), registered u/s 30(a) Bihar Prohibition and Excise Act after alleged recovery of 39.12 litres of illicit foreign liquor from a bush, enlarged on bail on surrender within six weeks; application allowed despite the State's invocation of the Section 76(2) bar, counsel having relied on the Full Bench decision in Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089; bail-bond Rs. 20,000 each with two like sureties, subject to section 438(2) CrPC conditions and compulsory appearance on every date, default on two consecutive dates without reasonable cause rendering bonds cancellable.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41968 of 2025

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Arising Out of PS. Case No.-135 Year-2024 Thana- Excise P.S. District- Saran

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======================================================

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Laljee Singh @ Lallan Singh S/O Triloki Singh R/O Village-Nayaka Barka Baiju Tola,PS-Rivilganj, Distt-Saran at Chapra

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Suraj Kumar Singh @ Chintaharan Singh @ Chitharan Singh S/O Late Narmada Singh R/O Village-Nayaka Barka Baiju Tola,PS-Rivilganj, DisttSaran at Chapra

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Dewendra Narayan Singh For the Opposite Party/s : Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 01-08-2025

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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2. The petitioners are apprehending their arrest in a case in connection with Sadar Excise P.S. Case No. 135 of 2024 dated 26.06.2024 registered for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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3. As per the prosecution case, total 39.12 litres of illicit foreign liquor was recovered from the bush.

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4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioners. The recovery has been

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Patna High Court CR. MISC. No.41968 of 2025(2) dt.01-08-2025 2/3

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made from an open place which is accessible to anyone. The petitioners have no concern with the alleged recovery. The petitioner no.1 has three criminal antecedents in which he is on bail in all cases and the petitioner no.2 has one criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioners. Learned Counsel has relied on the judgment of Full Bench of Hon'ble Patna High Court in the case of Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 . The Full Bench in the case of Ram Vinay Yadav (supra) has held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76 (2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.

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5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioners by submitting that the bar of Section 76(2) of the Act applies in this case.

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6. Considering the aforesaid facts and circumstances of the case as well as the material available on record, let the above named petitioners, in the event of their arrest/surrender

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Patna High Court CR. MISC. No.41968 of 2025(2) dt.01-08-2025 3/3

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within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/(Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned court concerned, Saran at Chapra in connection with Sadar Excise P.S. Case No. 135 of 2024, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with a condition:-

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(i) The petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioners are liable to be cancelled.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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shivam/-

Laljee Singh @ Lallan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Laljee Singh @ Lallan Singh v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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