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Lalan Kumar v. The State of Bihar

Patna HC29 Jul 2026CR. MISC./49233/2026

Case brief

AI extract

What is this about?

Patna HC, Criminal Miscellaneous No.49233 of 2026 (decided 29-07-2026, Shailendra Singh, J): anticipatory bail granted to Lalan Kumar in Kiul P.S. Case No. 100 of 2025, Lakhisarai, under Section 30(a) Bihar Prohibition and Excise Act; registered-owner-of-motorcycle liability contested; Section 76(2) Excise Act bar argued inapplicable; clean antecedents noted; release on Rs. 20,000 bail bond with two like sureties subject to Section 482(2), B.N.S.S., 2023 conditions; State represented by APP Rajesh Kumar; petitioner's counsel Sanjeev Kumar.

What did the court decide?

Anticipatory bail: on arrest/surrender before the court below within six weeks, release on bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to conditions under Section 482(2), B.N.S.S., 2023. ¶16

Lalan Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Kiul P.S. Case No. 100 of 2025 for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to anticipatory bail. +1 more

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Court's answer

Considering the petitioner's submissions, the facts and circumstances of the case, and his fair and clean antecedents, the court was inclined to grant anticipatory bail.

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Ratio / Principle

In the event of arrest or surrender before the court below within six weeks, the petitioner is to be released on anticipatory bail in Kiul P.S. Case No. 100 of 2025 on a bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the B.N.S.S., 2023.

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Detailed headnote1 paragraphs

ANTICIPATORY BAIL - GRANTED (Patna High Court, Shailendra Singh, J., 29-07-2026): Petitioner apprehending arrest in Kiul P.S. Case No. 100 of 2025 (District Lakhisarai) for an offence under Section 30(a), Bihar Prohibition and Excise Act. Counsel urged that the petitioner was arraigned mainly as the registered owner of a motorcycle allegedly used to transport seized country-made Mahua liquor; only one person rode it, the apprehended rider (Nandan Kumar) did not implicate the petitioner, the offence did not prima facie attract against him, and the prayer was not hit by Section 76(2) of the Excise Act; petitioner had no criminal antecedent. The APP opposed. Considering the submissions, the facts and circumstances, and the petitioner's fair and clean antecedents, the court directed that on arrest/surrender before the court below within six weeks the petitioner be released on anticipatory bail on a bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the B.N.S.S., 2023.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49233 of 2026

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Arising Out of PS. Case No.-100 Year-2025 Thana- KIUL District- Lakhisarai

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

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Lalan Kumar, S/o Upendra Modi, Resident of Village- Barare, P.S. -Bannubagicha, District -Lakhisarai

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar, Adv. For the Opposite Party/s : Mr.Rajesh Kumar, APP

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

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CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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2 29-07-2026

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Heard the parties.

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2. The petitioner apprehends his arrest in connection with Kiul P.S. Case No. 100 of 2025, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

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3. Learned counsel appearing for the petitioner submits that the petitioner has been made an accused mainly on account of being the registered owner of the alleged motorcycle, which was allegedly used for transporting the seized country made Mahua liquor. It is not the case of the prosecution that more than one person was riding the motorcycle, rather, only one person was riding it at the relevant time, who was apprehended and disclosed his name as Nandan Kumar, after his apprehension, he did not disclose the name of the petitioner as being involved with him in the alleged trafficking of the liquor,

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Patna High Court CR. MISC. No.49233 of 2026(2) dt.29-07-2026 2/2

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therefore, the alleged offence under the Excise Act, under which the FIR has been registered, does not even prima facie attract against the petitioner, hence, his prayer is not hit by the provisions of Section 76(2) of the Excise Act. and the petitioner has no criminal antecedent.

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4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

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5. Considering the above submissions as well as the facts and circumstances of this case coupled with petitioner's fair and clean antecedent, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Kiul P.S. Case No. 100 of 2025 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., 2023.

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(Shailendra Singh, J)

Lalan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Lalan Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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