Allowed¶23

Lallu Pandey @ Laxman Pandey v. The State of Bihar

Patna HC1 Aug 2025CR. MISC./43326/2025

Case brief

AI extract

What is this about?

Anticipatory bail granted despite Section 76(2) bar; Bihar Prohibition and Excise Act Section 30(a); Full Bench Patna High Court Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089; 289.800 litres illicit foreign liquor recovered from car; Shahpur P.S. Case No. 462 of 2023, District Bhojpur; bail-bond Rs. 20,000 with two like sureties; conditions under section 482(2) BNSS; court concerned Bhojpur, Ara; six-week arrest/surrender window; CR. MISC. No.43326 of 2025; decided 01-08-2025; Judge Chandra Prakash Singh.

What did the court decide?

Anticipatory bail: petitioner to be enlarged on arrest/surrender within six weeks on furnishing a bail-bond of Rs. 20,000/- with two sureties of the like amount each, to the satisfaction of the learned court concerned, Bhojpur, Ara, subject to conditions under section 482(2) of the BNSS. ¶23

Lallu Pandey @ Laxman Pandey Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶23

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Shahpur P.S. Case No. 462 of 2023 (dated 07.10.2023) for an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail notwithstanding the bar under Section 76(2) of the Act.

¶14

Court's answer

The anticipatory bail application was entertained and allowed despite the offence arising under the Bihar Prohibition and Excise Act and the bar under Section 76(2) of the Act, i.e., the application was treated as maintainable consistent with the Full Bench ruling in Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 relied upon by learned counsel.

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Ratio / Principle

The petitioner is to be enlarged on anticipatory bail upon arrest/surrender within six weeks, on a bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each, to the satisfaction of the learned court concerned, Bhojpur, Ara, in connection with Shahpur P.S. Case No. 462 of 2023, subject to conditions laid down under section 482(2) of the BNSS.

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Detailed headnote1 paragraphs

Patna High Court (Chandra Prakash Singh, J.), by oral order dated 01-08-2025 in CRIMINAL MISCELLANEOUS No.43326 of 2025, allowed an anticipatory bail application arising out of Shahpur P.S. Case No. 462 of 2023 (District Bhojpur), wherein, per the prosecution case, 289.800 litres of illicit foreign liquor was recovered from a car and the offence was punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Although learned counsel for the petitioner invoked the Full Bench ruling in Ram Vinay Yadav vs. State of Bihar 2019 (2) PLJR 1089 that such an application is maintainable despite the bar under Section 76(2) of the Act where no offence under that provision is made out on the FIR allegations, and the learned A.P.P. urged that the bar applied, the Court enlarged the petitioner on anticipatory bail upon arrest/surrender within six weeks, on a bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each, to the satisfaction of the learned court concerned, Bhojpur, Ara, subject to conditions under section 482(2) of the BNSS. The application stands allowed.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43326 of 2025

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Arising Out of PS. Case No.-462 Year-2023 Thana- SAHPUR District- Bhojpur

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

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Lallu Pandey @ Laxman Pandey S/O Madan Pandey R/O Village-Sonki, PSShahpur, Distt- Bhojpur

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Prabhat Kumar Singh For the Opposite Party/s : Mr.Gauri Shankar Gupta ======================================================

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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 petitioner and learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his/her arrest in a case in connection with Shahpur P.S. Case No. 462 of 2023 dated 07.10.2023 for the offence/s punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

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As per the prosecution case, total 289.800 litres of illicit foreign liquor was recovered from the car.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is neither the owner nor the driver of the said vehicle. Local Chowkidar

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Patna High Court CR. MISC. No.43326 of 2025(2) dt.01-08-2025 2/3

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disclosed the name of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel has submitted that no case is made out against the petitioner. 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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Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the bar of Section 76(2) of the Act applies in this case.

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Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the above named petitioner, in the event of his/her arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/-

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Patna High Court CR. MISC. No.43326 of 2025(2) dt.01-08-2025 3/3

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(Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur, Ara in connection with Shahpur P.S. Case No. 462 of 2023, subject to conditions as laid down under section 482(2) of the BNSS.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Lallu Pandey @ Laxman Pandey v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lallu Pandey @ Laxman Pandey 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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