Lallu Mushahar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3309 of 2026

Arising Out of PS. Case No.-115 Year-2025 Thana- SONEBARSA District- Buxar

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Lallu Mushahar Son of Bahir Mushahar @ Bahir Musar Resident of Village - Maudiha Mushahar Toli, Ps- Sonversa, Dist- Buxar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar For the Opposite Party/s : Mr.Suresh Prasad Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 28-01-2026

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1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

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3. Learned counsel for the petitioner submits that the petitioner has antecedent of one case and allegation is of recovery of 20 litres of liquor from a sack near the house of the petitioner.

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4. Learned counsel for the petitioner submits that the petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and even the alleged recovery is from a place which does not belong to the petitioner, but then adjacent to his house and he came to be implicated at

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Patna High Court CR. MISC. No.3309 of 2026(2) dt.28-01-2026 2/3

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the instance of Chowkidar but then it is submitted that if the Chowkidar was aware about the involvement of the petitioner in the occurrence, then why he did not inform the police prior to institution of the instant FIR, which casts an aspersion on the case of the prosecution.

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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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6. 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 trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) 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 Sonversa P.S. Case No. 115 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

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7. It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and in the event if it is found that petitioner has antecedent of more than one case then it would be presumed that petitioner, for the purposes of seeking anticipatory bail, had concealed his antecedent before this Court, as such, the provisional anticipatory bail order shall not be

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Patna High Court CR. MISC. No.3309 of 2026(2) dt.28-01-2026 3/3

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confirmed, but after verification if it is found that petitioner has antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

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8. At this stage, the learned counsel for the petitioner based on instruction submits that petitioner undertakes to deposit an amount of Rs. 2,500/- with Lawyers’ Association, Patna High Court.

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(Satyavrat Verma, J)

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Sumit/-

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U T

Lallu Mushahar v. The State of Bihar

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Lallu Mushahar v. The State of Bihar

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